• Insights

What to Expect During the Federal Shutdown: Updated Information for Employers and Foreign Nationals

January 3, 2019

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

  • As the federal shutdown continues, most immigration functions remain in operation.
  • U.S. consular functions are operating, but if the shutdown is prolonged, visa processing could be limited.
  • E-Verify deadlines are suspended while the system is offline.
  • USCIS continues to accept EB-5 Regional Center-related visa petitions and adjustments, but processing is on hold until the program is reauthorized.

The situation

During the ongoing partial government shutdown, most immigration functions remain largely in operation, with some exceptions. Affected government functions will not entirely return to normal until the U.S. Congress and President Trump reach an agreement on the remaining unresolved portions of the FY 2019 federal budget or on an interim measure while negotiations continue. In the meantime, if the shutdown is prolonged, it could impact even currently unaffected immigration functions.

The following is updated information about the impact of the shutdown.

Visa applications at U.S. consulates

U.S. consulates are currently open and processing visa applications, but foreign nationals who anticipate a need for a new visa in the coming weeks or months should consider submitting an application and making a visa appointment as soon as possible. Though application fees are currently supporting Department of State consular operations, a prolonged shutdown could deplete these funds, leading the State Department to suspend visa processing or limit it to urgent medical or humanitarian cases only. 

Visa applications subject to a security clearance could be subject to longer-than-usual delays if clearances require input from other government agencies affected by the shutdown. 

E-Verify and employment eligibility verification

While E-Verify is offline, USCIS has confirmed that employers and employees will not be expected to meet the usual E-Verify deadlines. The agency is suspending the three-day deadline for creating E-Verify cases, as well as extending the time period for employees to resolve tentative nonconfirmations (TNCs) by the number of days E-Verify remains unavailable.  E-Verify participating employers must not take adverse action against an employee whose employment eligibility cannot be confirmed due to the unavailability of the verification system.

All employers remain subject to federal Form I-9 Employment Eligibility Verification obligations, including I-9 verification deadlines and documentary requirements.

The EB-5 Regional Center Program

While the EB-5 Immigrant Investor Regional Center program is awaiting reauthorization by Congress, USCIS has confirmed it will continue to accept regional-center affiliated Form I-526 immigrant visa petitions and Form I-485 adjustment of status applications, but will place these filings on hold until further notice.

Applications for Regional Center designation on Form I-924 are not being accepted and any such applications pending as of December 21, 2018 will be placed on hold until further notice.

For foreign nationals already in EB-5 conditional permanent resident status, USCIS has confirmed that Form I-829 petitions to remove conditions on that status are not affected by the expiration of the Regional Center program.

Other immigration functions

Operations at other immigration and immigration-related agencies remain consistent with our prior communications. 

  • USCIS continues to process applications and petitions for immigration benefits during the shutdown and has confirmed that all individuals should attend scheduled USCIS interviews and appointments.
  • Because DOL remains fully funded for FY 2019, PERM labor certification operations remain as normal. However, due to a technical malfunction unrelated to the shutdown, the iCERT system remains offline and the processing of LCAs, prevailing wage determinations and H-2A/H-2B labor certifications is temporarily suspended. 
  • CBP continues to adjudicate border applications for TN and L-1 status. Deferred inspection offices continue to accept Form I-94 correction requests, but may be backlogged. Foreign nationals seeking I-94 corrections should contact their local CBP office in advance to confirm service availability. 
  • Social Security number issuance and state DMV driver’s license and ID processing should not be affected by the shutdown.


Depending on how long the shutdown lasts, once the budget impasse is resolved, there could be varying levels of processing delays while affected agencies get back up to speed. Backlogs in the affected areas are likely to build up during the shutdown and it could take several days or weeks for agencies to work through them.

This alert is for informational purposes only. If you have any questions, 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

Blog post

Skilled Worker Salary Changes: What Employers Need to Know

In this blog, Senior Associate Charlotte Roberts explains what these changes mean for employers, why salary discounts may no longer be a reliable long-term strategy and how early workforce planning can help businesses continue to access international talent while managing compliance and costs.

Learn more

Media mentions

Markt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro

Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.

Learn more

Podcast

Reality Check Pt. 3: Immigration Law in Pop Culture

Associates Julia Manacher and Stephanie Weaver examine immigration issues emerging in a popular reality television series, including K-1 visa denials, consular non-reviewability, fraud findings and changing adjudication policies.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Citizenship Law

Manager Dr. Adela Schmidt examines common misconceptions in German citizenship law, including birthright citizenship, dual citizenship, citizenship by descent and naturalization processing, and explains why eligibility often depends on specific legal requirements, timelines and documentation.

Learn more

Awards

Fragomen Professionals Named 2026 TLC Lions Human Awards Americas Finalists

Partner Audrea Golding, Senior Associate Kyle Sommer and Senior Talent Development Director Wendy Milici have been named finalists in the 2026 TLC Lions Human Awards Americas, recognizing their contributions to human-centered leadership, workplace culture and inclusion.

Learn more

Media mentions

Biometric Update: Fragomen and SICPA Form JV to Join Digital Identity Market With End-to-End Platform

Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.

Learn more

Media mentions

Times of India: Trump Administration Eyes Tighter H-1B, Green Card and Student Visa Rules; Indians Could Be Among Most Affected

Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.

Learn more

Media mentions

World Business Travel Forum: Leaders in Motion - Middle East Mobility and Travel Resilience

In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.

Learn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Blog post

Skilled Worker Salary Changes: What Employers Need to Know

In this blog, Senior Associate Charlotte Roberts explains what these changes mean for employers, why salary discounts may no longer be a reliable long-term strategy and how early workforce planning can help businesses continue to access international talent while managing compliance and costs.

Learn more

Media mentions

Markt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro

Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.

Learn more

Podcast

Reality Check Pt. 3: Immigration Law in Pop Culture

Associates Julia Manacher and Stephanie Weaver examine immigration issues emerging in a popular reality television series, including K-1 visa denials, consular non-reviewability, fraud findings and changing adjudication policies.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Citizenship Law

Manager Dr. Adela Schmidt examines common misconceptions in German citizenship law, including birthright citizenship, dual citizenship, citizenship by descent and naturalization processing, and explains why eligibility often depends on specific legal requirements, timelines and documentation.

Learn more

Awards

Fragomen Professionals Named 2026 TLC Lions Human Awards Americas Finalists

Partner Audrea Golding, Senior Associate Kyle Sommer and Senior Talent Development Director Wendy Milici have been named finalists in the 2026 TLC Lions Human Awards Americas, recognizing their contributions to human-centered leadership, workplace culture and inclusion.

Learn more

Media mentions

Biometric Update: Fragomen and SICPA Form JV to Join Digital Identity Market With End-to-End Platform

Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.

Learn more

Media mentions

Times of India: Trump Administration Eyes Tighter H-1B, Green Card and Student Visa Rules; Indians Could Be Among Most Affected

Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.

Learn more

Media mentions

World Business Travel Forum: Leaders in Motion - Middle East Mobility and Travel Resilience

In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.

Learn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more
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
Important Updates
Important Updates
July 16, 2026 | United StatesUnited States: State Department Announces Regional Hubs in Africa for U.S. Visa Services Effective August 1
July 16, 2026 | CanadaCanada: Permanent Residence Sponsorship Applications Under the Parents and Grandparents Program Pause Update
July 16, 2026United States: DHS Issues Final Rule Replacing Admission for Duration of Status with Fixed Periods of Stay for F, J, and I Nonimmigrants
July 16, 2026 | United StatesUnited States: DHS Replaces Public Charge Regulation with Policy Guidance and Broad Discretion for Adjudicators
July 16, 2026 | United StatesUnited States: Federal District Court Temporarily Stays State Department Policy on Visa Applicants Engaged in Content Moderation Work
July 16, 2026 | United StatesUnited States: State Department Announces Regional Hubs in Africa for U.S. Visa Services Effective August 1
July 16, 2026 | CanadaCanada: Permanent Residence Sponsorship Applications Under the Parents and Grandparents Program Pause Update
July 16, 2026United States: DHS Issues Final Rule Replacing Admission for Duration of Status with Fixed Periods of Stay for F, J, and I Nonimmigrants
July 16, 2026 | United StatesUnited States: DHS Replaces Public Charge Regulation with Policy Guidance and Broad Discretion for Adjudicators
July 16, 2026 | United StatesUnited States: Federal District Court Temporarily Stays State Department Policy on Visa Applicants Engaged in Content Moderation Work
July 16, 2026 | United StatesUnited States: State Department Announces Regional Hubs in Africa for U.S. Visa Services Effective August 1
Subscribe

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.