Important Updates
Important Updates
December 18, 2025 | United KingdomUnited Kingdom: Rejoining EU Student Exchange Program
December 18, 2025 | 🌐Middle East: Deadlines Announced for Employers to Update Registered Employees' Salary Details
December 18, 2025 | 🌐Minimum Salary Changes Announced
December 18, 2025 | QatarQatar: Hayya GCC Residents Visa Updated with Extended Stays and Multiple-Entry Access
December 18, 2025 | United Arab EmiratesUnited Arab Emirates: Certain 'Scientists and Specialists' Golden Visa Applications in Dubai Now Require Equivalency Certificates
December 18, 2025 | United KingdomUnited Kingdom: Rejoining EU Student Exchange Program
December 18, 2025 | 🌐Middle East: Deadlines Announced for Employers to Update Registered Employees' Salary Details
December 18, 2025 | 🌐Minimum Salary Changes Announced
December 18, 2025 | QatarQatar: Hayya GCC Residents Visa Updated with Extended Stays and Multiple-Entry Access
December 18, 2025 | United Arab EmiratesUnited Arab Emirates: Certain 'Scientists and Specialists' Golden Visa Applications in Dubai Now Require Equivalency Certificates
December 18, 2025 | United KingdomUnited Kingdom: Rejoining EU Student Exchange Program
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

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

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Markβ„’, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello CortΓ©s outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Media mentions

Caring Times: Home Office Scrutiny Intensifies

Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.

Learn more

Media mentions

CBC: What We Know About US Proposal to Demand 5 Years of Social Media History From Certain Visitors

Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Markβ„’, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello CortΓ©s outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Media mentions

Caring Times: Home Office Scrutiny Intensifies

Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.

Learn more

Media mentions

CBC: What We Know About US Proposal to Demand 5 Years of Social Media History From Certain Visitors

Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

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

Β© 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.