Important Updates
Important Updates
May 12, 2026 | MozambiqueMozambique: Proof of Job Vacancy Advertisement Now Required Before Hiring Foreign Nationals
May 13, 2026 | AustriaAustria: New Labor Authority Requirements for Verifying Professional Experience
May 13, 2026 | PortugalPortugal: Issue on System for CPLP Residence Permits
May 13, 2026United States: June 2026 Visa Bulletin – Significant Retrogression for EB-2 India, Moderate Retrogression for EB-1 India, and Modest Advancement for EB-3 India and EB-3 China
May 12, 2026 | Czech RepublicCzech Republic: Registration and Deregistration Process Streamlined
May 12, 2026 | MozambiqueMozambique: Proof of Job Vacancy Advertisement Now Required Before Hiring Foreign Nationals
May 13, 2026 | AustriaAustria: New Labor Authority Requirements for Verifying Professional Experience
May 13, 2026 | PortugalPortugal: Issue on System for CPLP Residence Permits
May 13, 2026United States: June 2026 Visa Bulletin – Significant Retrogression for EB-2 India, Moderate Retrogression for EB-1 India, and Modest Advancement for EB-3 India and EB-3 China
May 12, 2026 | Czech RepublicCzech Republic: Registration and Deregistration Process Streamlined
May 12, 2026 | MozambiqueMozambique: Proof of Job Vacancy Advertisement Now Required Before Hiring Foreign Nationals
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • 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

United States: Preparing for a Potential Federal Government Shutdown on October 1

September 29, 2025

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

  • Negotiations continue on the federal budget for Fiscal Year 2026, which begins on October 1. If Congress is unable to pass an appropriations bill or a stopgap spending measure by September 30, some immigration functions will be suspended in a federal shutdown.
  • A shutdown would mean that Department of Labor immigration functions such as LCA, prevailing wage, and PERM processing would be suspended until Congress passes a stopgap spending measure or a FY 2026 budget.
  • Fee-based immigration processing – including immigration benefits at USCIS and visas and passports at the State Department – would generally continue, though with potential delays if a shutdown is lengthy. However, the USCIS E-Verify, EB-4 non-minister religious worker, and Conrad 30 programs would expire if Congress fails to extend them.
  • Although a federal government shutdown may be averted, employers and foreign nationals should be prepared for the possibility.

The issue

With government funding set to expire at the end of the fiscal year on September 30, a partial government shutdown is possible if agreement on an appropriations bill or a temporary stopgap measure cannot be reached by that date. Though negotiations on the Fiscal Year 2026 budget continue, employers should work with their immigration counsel to address time-sensitive matters that could be affected if a shutdown is not averted.

A closer look

Should a shutdown occur on October 1, the following is the expected impact on immigration operations, based on prior shutdowns in previous years.

Department of Labor (DOL): DOL immigration functions would likely be suspended as non-essential functions. No PERM or temporary labor certification applications, labor condition applications (LCAs), or prevailing wage requests would be processed. The FLAG online application system, as well as other DOL 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. Employers with time-sensitive labor condition applications or PERM applications should make efforts to file them before October 1 to place them in queue in the event of a shutdown, though they would not be processed until DOL operations resumed. Employers should access the FLAG system before October 1 if they may need copies of certified applications or other information during a possible cessation of DOL operations.

U.S. Citizenship and Immigration Services (USCIS): As a fee-funded agency, USCIS would generally be expected to continue processing applications and petitions for immigration benefits.  The Department of Homeland Security’s shutdown operation plan, last updated on September 27, confirms that all but a small percentage of USCIS employees would remain working if federal funding lapses on October 1. Nevertheless, USCIS processing delays could occur if adjudication of a case is dependent on support from government functions that are suspended – for example, a clearance from an agency that is affected by the shutdown. Appointments at USCIS local offices and Application Support Centers should not be affected by a shutdown. Because DOL LCA operations would be suspended, employers planning H-1B, E-3, or H-1B1 extensions or changes of employer – for which a DOL-certified LCA is required – may be unable to file if they do not already have an LCA in hand before October 1.

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 domestic passport offices could be affected if they are located in federal buildings that are closed due to the shutdown. If a shutdown is lengthy and fee funding is depleted, the agency could suspend visa processing or limit it to emergency cases only.

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

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 would expire if no legislation is passed. Employers would not be able to initiate E-Verify queries or resolve tentative non-confirmations, 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. During a shutdown, employers remain subject to Form I-9 obligations and deadlines as usual.

Conrad 30 Program: Congressional authorization for the Conrad 30 program would 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 is expected to remain in operation during a shutdown.

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

What’s next

Over the next several days, Congress will be working to reach agreement on an appropriations bill or on a stopgap spending measure to avoid a partial government shutdown. Fragomen is following the budget debate closely and will issue further client alerts as developments occur. 

This alert is for informational purposes only. If you have any questions about the effect of a possible 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

Understanding Immigration in Latin America: Residency Options and Citizenship Pathways

Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.

Learn more

Podcast

Reality Check Pt. 2: Immigration Law in Pop Culture

Senior Associate Stephanie Weaver and Associate Julia Manacher continue their discussion on immigration law in popular culture, examining how television and media portray immigration processes and the realities behind common immigration storylines.

Learn more

Media mentions

Bloomberg: Trump Wants to Make H-1B Workers More Expensive for US Employers

Partner Kevin Miner discusses how proposed H-1B salary threshold increases may raise employer costs and influence hiring strategies for specialized talent across industries.

Learn more

Video

Portugal Extends Citizenship Timeline | #MobilityMinute

In this Mobility Minute, Manager Pierangelo D’Errico discusses Portugal’s newly approved nationality law changes and the potential impact on Golden Visa applicants and other foreign residents.

Learn more

Media mentions

Global Mobility Lawyer: AI Use in UK Immigration Tribunals Prompts Scrutiny Over Decision-Making Process

Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.

Learn more

Video

Europe’s Entry and Exit System (EES): What Travelers Need to Know

Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.

Learn more

Fragomen news

2026年4月 アメリカ移民法ダイジェストLearn more

Media mentions

Silicon Valley Business Journal: Trump’s H-1B Overhaul Favors Deep-Pocketed Bay Area Firms Over Indian Staffing Agencies

Partner Chad Ellsworth discusses recent H-1B lottery changes, including salary-weighted selection and filing restrictions, and how they are influencing employer selection outcomes and hiring approaches for foreign talent.

Learn more

Work authorization

EB-5 I-526E Request For Evidence Trends: Loans and Property Sales

Senior Associate Tracey Kimberly explores the recent increase in RFEs for EB‑5 I‑526E petitions, highlighting heightened USCIS scrutiny of source-of-funds documentation—particularly in cases involving loan-based investments and property sale proceeds.

Learn more

Work authorization

The Nordic Immigration Paradox: Why Digital Efficiency Still Creates Compliance Risk

Director Audrey Morew examines how Nordic immigration systems, while increasingly digital and efficient, can embed compliance risk earlier in the process—placing greater responsibility on employers to ensure data accuracy, internal controls and long‑term compliance from the outset.

Learn more

Work authorization

Canada FIFA World Cup 2026 Visa & Entry Requirements

Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.

Learn more

Media mentions

The PIE: Relief for Some OPT Applicants in “Immigration Limbo”

Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.

Learn more

Video

Understanding Immigration in Latin America: Residency Options and Citizenship Pathways

Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.

Learn more

Podcast

Reality Check Pt. 2: Immigration Law in Pop Culture

Senior Associate Stephanie Weaver and Associate Julia Manacher continue their discussion on immigration law in popular culture, examining how television and media portray immigration processes and the realities behind common immigration storylines.

Learn more

Media mentions

Bloomberg: Trump Wants to Make H-1B Workers More Expensive for US Employers

Partner Kevin Miner discusses how proposed H-1B salary threshold increases may raise employer costs and influence hiring strategies for specialized talent across industries.

Learn more

Video

Portugal Extends Citizenship Timeline | #MobilityMinute

In this Mobility Minute, Manager Pierangelo D’Errico discusses Portugal’s newly approved nationality law changes and the potential impact on Golden Visa applicants and other foreign residents.

Learn more

Media mentions

Global Mobility Lawyer: AI Use in UK Immigration Tribunals Prompts Scrutiny Over Decision-Making Process

Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.

Learn more

Video

Europe’s Entry and Exit System (EES): What Travelers Need to Know

Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.

Learn more

Fragomen news

2026年4月 アメリカ移民法ダイジェストLearn more

Media mentions

Silicon Valley Business Journal: Trump’s H-1B Overhaul Favors Deep-Pocketed Bay Area Firms Over Indian Staffing Agencies

Partner Chad Ellsworth discusses recent H-1B lottery changes, including salary-weighted selection and filing restrictions, and how they are influencing employer selection outcomes and hiring approaches for foreign talent.

Learn more

Work authorization

EB-5 I-526E Request For Evidence Trends: Loans and Property Sales

Senior Associate Tracey Kimberly explores the recent increase in RFEs for EB‑5 I‑526E petitions, highlighting heightened USCIS scrutiny of source-of-funds documentation—particularly in cases involving loan-based investments and property sale proceeds.

Learn more

Work authorization

The Nordic Immigration Paradox: Why Digital Efficiency Still Creates Compliance Risk

Director Audrey Morew examines how Nordic immigration systems, while increasingly digital and efficient, can embed compliance risk earlier in the process—placing greater responsibility on employers to ensure data accuracy, internal controls and long‑term compliance from the outset.

Learn more

Work authorization

Canada FIFA World Cup 2026 Visa & Entry Requirements

Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.

Learn more

Media mentions

The PIE: Relief for Some OPT Applicants in “Immigration Limbo”

Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.