Important Updates
Important Updates
December 3, 2025 | OmanOman: Grace Period Announced for Foreign Nationals in Irregular Status
December 3, 2025 | BahrainBahrain: Minimum Real Estate Investment for Golden Residency Visa Reduced
December 3, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
December 3, 2025 | IrelandIreland: Roadmap for Minimum Annual Remuneration Salary Thresholds Published
December 3, 2025 | 🌐Minimum Salary Changes Announced
December 3, 2025 | OmanOman: Grace Period Announced for Foreign Nationals in Irregular Status
December 3, 2025 | BahrainBahrain: Minimum Real Estate Investment for Golden Residency Visa Reduced
December 3, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
December 3, 2025 | IrelandIreland: Roadmap for Minimum Annual Remuneration Salary Thresholds Published
December 3, 2025 | 🌐Minimum Salary Changes Announced
December 3, 2025 | OmanOman: Grace Period Announced for Foreign Nationals in Irregular Status
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Preparing for a Possible Federal Government Shutdown

September 18, 2015

insight-news-default

Country / Territory

  • United StatesUnited States

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

United States

As debate over the FY 2016 federal budget intensifies, employers should prepare for a possible government shutdown and the suspension or delay of some immigration services if Congress cannot reach agreement or pass a temporary funding measure by September 30.  

Immigration functions that are essential or funded by user fees – including border operations and application processing at USCIS and U.S. consulates – would likely continue, though delays would be possible.  Non-essential functions would be suspended throughout a shutdown.  This would include PERM, labor condition application (LCA) and prevailing wage operations at the Department of Labor.  

A federal shutdown is by no means certain, but employers should work with their Fragomen professionals and take precautions now to minimize its potential impact.  If a shutdown were to occur, immigration operations would likely be handled as follows, based on how these issues were managed during the 2013 shutdown.

Department of Labor

In the event of a shutdown, DOL’s Office of Foreign Labor Certification would suspend all operations.  No PERM applications, LCAs, prevailing wage requests or applications for temporary labor certification would be processed. Online application systems would not accept PERM, LCA or prevailing wage applications.  The agency would also be unable to process PERM audit responses or other submissions by mail.

Employers who have an imminent need for LCAs should consider filing now so that an LCA can be in hand before October 1.  This is particularly critical for H-1B, E-3 and H-1B1 employees who will need an extension of stay filed on their behalf in the coming weeks.   Employers should consider filing multislot LCAs where there is a genuine need for more than one worker in an occupation at a specific worksite.  Multislot LCAs can provide greater flexibility to respond to time-sensitive H-1B needs, such as the relocation of H-1B employees to new worksites and the onboarding of new hires porting from H-1B employment with another organization.

Employers with PERM filing or audit due dates in October should discuss options with their Fragomen team.  DOL could offer an accommodation to those with deadlines that fall during a shutdown, but would probably not provide information on grace periods until after its operations resumed.

U.S. Citizenship and Immigration Services

USCIS should continue to process applications and petitions for immigration benefits during a shutdown, though processing delays could occur. Because DOL LCA operations would be suspended, employers planning to file H-1B, E-3 and H-1B1 extensions – for which a DOL-certified LCA is required – may be affected.  In the past, USCIS has temporarily accepted extensions without a certified LCA in some circumstances, but such an accommodation cannot be guaranteed.  Therefore, employers should identify extension needs and file LCAs as soon as possible, as discussed above. 

The E-Verify system would not accept or process employment verification queries during a shutdown. 

USCIS’s SAVE system, which is used by government agencies to verify the immigration status of applicants for benefits, could be affected by a shutdown. If SAVE is suspended, foreign nationals applying for driver’s licenses and other state or federal benefits could experience delays.

Department of State

DOS should process visa applications as long as filing fees remain available to fund consular operations. However, if a shutdown is lengthy and fee funding is depleted, the agency could suspend visa processing or limit it to emergency cases only. Foreign nationals who will need a new visa in the coming weeks should consider submitting their application early, if permitted by the relevant consulate. 

Customs and Border Protection 

Inspection functions at U.S. borders and ports of entry would remain in operation. CBP would likely process immigration applications at the border, such as applications for initial TN or blanket L status submitted by Canadian nationals. 

Social Security Administration 

The Social Security Administration would not process applications for Social Security numbers or replacement cards during a shutdown.

Fragomen is closely monitoring the federal budget debate and will provide updated information as developments occur.

© 2015 Fragomen

Country / Territory

  • United StatesUnited States

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

United States: 2025 Holiday Travel Guidelines for Foreign Nationals | #MobilityMinute

In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.

Learn more

Media mentions

Bloomberg Law: Labor Department Expands H-1B Oversight, Tests Enforcement Power

Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.

Learn more

Media mentions

Leading Britain's Conversation: Is Settlement Reform Rewarding Contribution or Rewriting the Rules of Fairness and Trust?

UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.

Learn more

Podcast

Canada's Healthcare Staffing Solution

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.

Learn more

Awards

Fragomen Named Private Client Team of the Year at The British Legal Awards 2025

Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.

Learn more

Media mentions

Global Mobility Lawyer: Rising Immigration Fraud Creates New Compliance Challenges for US Firms

Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.

Learn more

Media mentions

The Caterer: Casual Staff to Come Under New Right to Work Check Legislation

Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.

Learn more

Video

Vuvuzelas, Visas and Victory - Moving Football Across Africa | #FragomenFC - Ep. 12

Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.

Learn more

Media mentions

Bloomberg: UK to Create New Fast-Track Residency Path for High-Earners

Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.

Learn more

Blog post

Georgia Immigration Reform 2025: New Residence Permit Scrutiny for Foreign Nationals

Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.

Learn more

Media mentions

Times Higher Education: Hertfordshire Latest to Be Placed on Student Visa ‘Action Plan’

Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.

Learn more

Media mentions

Gazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami

Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.

Learn more

Video

United States: 2025 Holiday Travel Guidelines for Foreign Nationals | #MobilityMinute

In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.

Learn more

Media mentions

Bloomberg Law: Labor Department Expands H-1B Oversight, Tests Enforcement Power

Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.

Learn more

Media mentions

Leading Britain's Conversation: Is Settlement Reform Rewarding Contribution or Rewriting the Rules of Fairness and Trust?

UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.

Learn more

Podcast

Canada's Healthcare Staffing Solution

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.

Learn more

Awards

Fragomen Named Private Client Team of the Year at The British Legal Awards 2025

Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.

Learn more

Media mentions

Global Mobility Lawyer: Rising Immigration Fraud Creates New Compliance Challenges for US Firms

Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.

Learn more

Media mentions

The Caterer: Casual Staff to Come Under New Right to Work Check Legislation

Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.

Learn more

Video

Vuvuzelas, Visas and Victory - Moving Football Across Africa | #FragomenFC - Ep. 12

Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.

Learn more

Media mentions

Bloomberg: UK to Create New Fast-Track Residency Path for High-Earners

Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.

Learn more

Blog post

Georgia Immigration Reform 2025: New Residence Permit Scrutiny for Foreign Nationals

Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.

Learn more

Media mentions

Times Higher Education: Hertfordshire Latest to Be Placed on Student Visa ‘Action Plan’

Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.

Learn more

Media mentions

Gazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami

Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.