Important Updates
Important Updates
July 14, 2025 | DenmarkDenmark: Positive Lists for Graduates and Skilled Workers Updated
July 15, 2025 | New ZealandNew Zealand: Forthcoming Relaxation of Work Rights for Student Visa Holders Announced
July 15, 2025 | New ZealandNew Zealand: Salary Thresholds Impacting Labour Market Test Exemptions and Visa Duration Updated
July 14, 2025 | Thailand Thailand: Mandatory Online Registration for Companies Using the Single Window System
July 14, 2025 | United StatesBusiness Standard: 11 Million US Visa Backlog Crushes Indian H-1B, Green Card Dreams: Decoded
July 14, 2025 | DenmarkDenmark: Positive Lists for Graduates and Skilled Workers Updated
July 15, 2025 | New ZealandNew Zealand: Forthcoming Relaxation of Work Rights for Student Visa Holders Announced
July 15, 2025 | New ZealandNew Zealand: Salary Thresholds Impacting Labour Market Test Exemptions and Visa Duration Updated
July 14, 2025 | Thailand Thailand: Mandatory Online Registration for Companies Using the Single Window System
July 14, 2025 | United StatesBusiness Standard: 11 Million US Visa Backlog Crushes Indian H-1B, Green Card Dreams: Decoded
July 14, 2025 | DenmarkDenmark: Positive Lists for Graduates and Skilled Workers Updated
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
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 AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • 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
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • Insights

United States: FY 2025 Budget Impasse Could Lead to Federal Shutdown, Though Some Immigration Processing Would Continue

September 19, 2024

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • If appropriations legislation or a stopgap spending bill is not passed by Congress by September 30, 2024, the federal government will enter a partial shutdown on October 1.
  • A shutdown would mean that fee-based immigration processing – including USCIS benefit and State Department visa and citizenship document processing – will continue. However, the USCIS E-Verify, EB-4 non-minister religious worker program, and Conrad 30 program would expire if Congress fails to extend them.
  • Department of Labor immigration functions such as LCA, prevailing wage, and PERM processing would be suspended in a shutdown, until Congress passes a stopgap spending measure or a FY 2025 budget.
  • A shutdown is not inevitable, but employers and foreign nationals should be prepared for the possibility.

The issue

As FY 2025 federal budget discussions continue, U.S. government funding could expire after midnight on September 30, 2024 if Congress fails to pass legislation to avoid a government shutdown. In the event of a shutdown, some immigration processes would be suspended, while several others should be unaffected, though processing delays could occur if the shutdown is lengthy.

A shutdown is by no means certain. Congress is actively negotiating stopgap measures to provide short-term funding to keep the government open while the FY 2025 budget is debated. It has become a common Congressional practice in recent years to enact one or more successive stop-gap measures to keep the government open while full budget negotiations continue. The most recent government shutdown occurred in late December 2018 and lasted for 35 days.

A closer look

Should a shutdown occur, the following would be the expected impact on immigration operations based on prior shutdowns in previous years. Fragomen will provide updates on ongoing developments.

Department of Labor (DOL): DOL immigration functions would be likely to be suspended as non-essential functions. No PERM applications, labor condition applications (LCAs), prevailing wage requests (PWRs), or applications for temporary labor certification would be processed. Online application systems would be taken offline and would not accept PERM applications or audit responses, LCAs, or prevailing wage requests. The agency would also be unable to accept submissions by mail.

U.S. Citizenship and Immigration Services (USCIS): As a fee-funded agency, USCIS would continue to process applications and petitions for immigration benefits, but processing delays could occur if adjudication of a case is dependent on support from government functions that are suspended – for example, a security clearance from an agency that is affected by the shutdown. Appointments at USCIS local offices and Application Support Centers should not be affected by the shutdown. 

Department of State: The State Department’s visa processing and U.S. citizenship document functions would not be suspended as long as filing fees remain available to fund consular operations. However, some passport offices may be affected if they are located in federal buildings that are closed due to the shutdown.

Customs and Border Protection (CBP): Inspection functions at U.S. borders and ports of entry would remain in operation. CBP would continue to process immigration applications at the border.

Immigration and Customs Enforcement (ICE): ICE enforcement activities and operations of the Student and Exchange Visitor Information System (SEVIS) would continue.

E-Verify: Congressional authorization for E-Verify will expire if no legislation is passed.  Employers would not be able to initiate E-Verify queries or resolve tentative non-confirmations in the system, and would not be expected to meet the usual E-Verify deadlines until the program is reauthorized. However, employers must not take any adverse action against an employee whose employment eligibility verification cannot be confirmed in E-Verify due to a shutdown. All employers remain subject to Form I-9 obligations and deadlines as usual.

Conrad 30 Program: Congressional authorization for the Conrad 30 program will also expire without legislation by September 30. 

SAVE System: SAVE is the USCIS database used by government agencies – including state motor vehicle departments – to verify an applicant’s immigration status when processing applications for benefits. SAVE would remain in operation.

EB-4 Non-minister religious worker program: The employment-based fourth preference immigrant visa category for non-minister religious workers will become unavailable if legislation fails to extend the category beyond September 30, 2024. If the program expires, the government will not be permitted to approve applications under the category until the program is revived.

What employers should do now

Though a federal agency shutdown could be averted, employers may want to discuss with their immigration counsel whether to submit time-sensitive DOL applications – such as prevailing wage requests and PERM applications for foreign nationals approaching their nonimmigrant maximum periods of stay – by September 30.

This alert is for informational purposes only. If you have any questions about the effect of the shutdown on your organization, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

UK Partner Visa 2025: Is Cohabitation Still Required for Unmarried Couples?

Private Client Associate Amelia Haynes and Intern Zuha Malik explore whether living together remains a requirement for unmarried couples applying for a UK partner visa under the 2025 rules.

Learn more

Media mentions

Business Standard: 11 Million US Visa Backlog Crushes Indian H-1B, Green Card Dreams: Decoded

Partner Blake Miller discussed how US immigration processing delays may create challenges for work authorization, travel and workforce planning.

Learn more

Blog post

EES and ETIAS: Automation Meets Immigration Complexity

Immigration Manager Andreia Ghimis discusses how the EES and ETIAS systems aim to streamline immigration processes while addressing the complexities of automation.

Learn more

Fragomen news

Partner Marius Tollenaere Elected to the Executive Committee of the German Bar Association's Migration Law Working Group

Partner Marius Tollenaere is elected to the Executive Committee of the German Bar Association's Migration Law Working Group.

Learn more

Blog post

Policy Reform Proposal: Granting Automatic Employment Authorization to Spouses of Work Visa Holders in South Africa

Director Johannes Tiba explores the proposal to grant automatic employment authorization to spouses of work visa holders in South Africa.

Learn more

Media mentions

The National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible

UK: Partner Haider Hussain clarifies that UAE Golden Visa applications must go through official government channels, warning against unauthorised fees and misinformation.

Learn more

Media mentions

Games Industry: What the UK Government’s Industrial Strategy and Immigration White Paper Mean for the UK Games Industry

Director Laurence Keir-Thomas outlines how recent changes to UK immigration and industrial policy may affect talent planning and hiring across the games sector.

Learn more

Video

Grace Period for Submission of Documents for Temporary Residence Permits Eliminated in Portugal | #MobilityMinute

In this Mobility Minute, Senior Consultant Ada Plant discusses how Portugal's Agency for Integration, Migration and Asylum (AIMA) no longer accepts incomplete temporary residence applications.

Learn more

Awards

Partner Julia Onslow-Cole Named to Citywealth Leaders List 2025

Partner Julia Onslow-Cole is named to the prestigious Citywealth Leaders List 2025, which recognises leading professionals in wealth management and private client services.

Learn more

Media mentions

The Irish Times: AI Technologies Being Used in Effort to Reduce Risk of Fraud in Immigration Process

Partner Ángel Bello Cortés discusses how Ireland’s Department of Justice is rolling out AI tools to reduce fraud risks in the immigration process.

Learn more

Media mentions

Business Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking

Partner Isha Atassi discusses the impact of immigration policy changes on financial firms’ global mobility and workforce planning.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

UK Partner Visa 2025: Is Cohabitation Still Required for Unmarried Couples?

Private Client Associate Amelia Haynes and Intern Zuha Malik explore whether living together remains a requirement for unmarried couples applying for a UK partner visa under the 2025 rules.

Learn more

Media mentions

Business Standard: 11 Million US Visa Backlog Crushes Indian H-1B, Green Card Dreams: Decoded

Partner Blake Miller discussed how US immigration processing delays may create challenges for work authorization, travel and workforce planning.

Learn more

Blog post

EES and ETIAS: Automation Meets Immigration Complexity

Immigration Manager Andreia Ghimis discusses how the EES and ETIAS systems aim to streamline immigration processes while addressing the complexities of automation.

Learn more

Fragomen news

Partner Marius Tollenaere Elected to the Executive Committee of the German Bar Association's Migration Law Working Group

Partner Marius Tollenaere is elected to the Executive Committee of the German Bar Association's Migration Law Working Group.

Learn more

Blog post

Policy Reform Proposal: Granting Automatic Employment Authorization to Spouses of Work Visa Holders in South Africa

Director Johannes Tiba explores the proposal to grant automatic employment authorization to spouses of work visa holders in South Africa.

Learn more

Media mentions

The National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible

UK: Partner Haider Hussain clarifies that UAE Golden Visa applications must go through official government channels, warning against unauthorised fees and misinformation.

Learn more

Media mentions

Games Industry: What the UK Government’s Industrial Strategy and Immigration White Paper Mean for the UK Games Industry

Director Laurence Keir-Thomas outlines how recent changes to UK immigration and industrial policy may affect talent planning and hiring across the games sector.

Learn more

Video

Grace Period for Submission of Documents for Temporary Residence Permits Eliminated in Portugal | #MobilityMinute

In this Mobility Minute, Senior Consultant Ada Plant discusses how Portugal's Agency for Integration, Migration and Asylum (AIMA) no longer accepts incomplete temporary residence applications.

Learn more

Awards

Partner Julia Onslow-Cole Named to Citywealth Leaders List 2025

Partner Julia Onslow-Cole is named to the prestigious Citywealth Leaders List 2025, which recognises leading professionals in wealth management and private client services.

Learn more

Media mentions

The Irish Times: AI Technologies Being Used in Effort to Reduce Risk of Fraud in Immigration Process

Partner Ángel Bello Cortés discusses how Ireland’s Department of Justice is rolling out AI tools to reduce fraud risks in the immigration process.

Learn more

Media mentions

Business Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking

Partner Isha Atassi discusses the impact of immigration policy changes on financial firms’ global mobility and workforce planning.

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.