The following is an overview of how the government shutdown is affecting USCIS, CBP, ICE, DOL, and DOS.
USCIS:
USCIS is a fee-funded agency. It is not impacted. USCIS is continuing to process our currently pending cases: H-1Bs, I-140s, I-485s, Ls, amendments, extensions, etc. The exception to this is programs that receive appropriated funds, including E-Verify, the EB-5 Immigrant Investor Regional Center Program, Conrad 30 J-1 doctors, and non-minister religious workers, which are suspended or otherwise impacted.
DOS:
Visa and passport operations are fee-funded and thus are generally not impacted by a lapse in appropriations. Consular operations can nevertheless be affected if there are insufficient fees to support operations at a particular post. In such a case, posts will generally only handle diplomatic visas and “life or death” emergencies.
CBP:
Inspection and law enforcement personnel are considered “essential.” Ports of entry are open, and processing of passengers will continue; however, processing of applications filed at the border is currently not impacted. Nonetheless, individuals who plan to apply for an immigration benefit at a port of entry or a pre-clearance facility (TNs and L-1s for Canadian nationals) should check the operational status of the location at which they intend to apply for the latest information.
ICE:
The ICE Student and Exchange Visitor Program (SEVP) offices are unaffected. ICE is continuing enforcement operations.
DOL:
On October 31, 2025, DOL has resumed processing of employer requests for prevailing wages and labor certification determinations for temporary and permanent employment in the United States. The Office of Foreign Labor Certification’s (OFLC) Foreign Labor Application Gateway (FLAG) system is now accessible and permits system users to prepare and submit new applications as well as submit and receive information associated with their applications pending a final determination.
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