As of October 12, 2025, the U.S. federal government has been shut down for nearly two weeks, with no clear resolution in sight. While much of the federal government remains paralyzed by the budget impasse, immigration services present a mixed picture — some continue largely unaffected, while others face disruption.

This update from the Law Offices of Sabrina Li, P.C. summarizes how the shutdown has impacted key immigration and consular functions, what applicants and employers should expect, and practical steps to minimize delays.

I. USCIS: Open but Experiencing Delays and Limited Program Availability

The U.S. Citizenship and Immigration Services (USCIS) remains open during the shutdown because it is primarily fee-funded and not dependent on congressional appropriations for most of its operations.

According to the Department of Homeland Security’s shutdown contingency plan (updated September 29, 2025), nearly all USCIS employees continue to work. The agency is still accepting and processing petitions, conducting biometrics appointments, and holding interviews and naturalization ceremonies.

However, on October 2, 2025, USCIS Director Joseph B. Edlow confirmed through the agency’s official Facebook page (facebook.com/USCISDirectorGov) that the shutdown has required USCIS to reprioritize resources, emphasizing national security and ICE-related cases. Director Edlow stated:

“Public-facing interactions such as interviews, naturalization ceremonies, and contact center responses may also be delayed. USCIS regrets any negative impacts caused to aliens and Americans seeking benefits from the agency but must ensure that it complies with the law.”

This marks a departure from prior shutdowns, when USCIS’s fee-based operations were generally unaffected.

Programs Temporarily Suspended

Several USCIS programs that rely on appropriated (non-fee) funding are temporarily suspended, including:

• The Conrad 30 J-1 Waiver Program for foreign medical graduates; and

• The Special Immigrant Religious Worker Visa Program (non-minister category).

How the DOL Shutdown Impacts USCIS Filings

The Department of Labor’s Foreign Labor Application Gateway (FLAG) system is currently offline due to the government shutdown. As a result, employers cannot file:

• Labor Condition Applications (LCAs),

• Prevailing Wage Determinations (PWDs), or

• PERM Labor Certification applications.

Because a certified LCA is a legal prerequisite for certain work visa petitions, new H-1B, H-1B1, and E-3 filings cannot be submitted to USCIS until the DOL restores access to the FLAG system.However, employers who already have certified LCAs on file may still proceed with eligible petitions through USCIS.

E-Verify Resumption

On October 9, 2025, USCIS confirmed that E-Verify operations have resumed, allowing employers to verify new hires’ work authorization

Takeaway:

USCIS remains operational and continues processing most petitions, but processing times may lengthen, and certain filings—especially those that require certified LCAs from the DOL—are effectively paused until government systems are fully restored. Employers should use this downtime to prepare documentation and strategy for filings, so cases can move quickly once the system reopens.  

II. Immigration Courts: Hearings Are Continuing — But Stay Alert for Changes

Unlike in past government shutdowns, the immigration courts are still open and holding hearings for both detained and non-detained cases.

According to the Executive Office for Immigration Review (EOIR), cases on the non-detained docket are proceeding as usual. This is a major change from prior shutdowns, when only detained cases continued and all other hearings were postponed until funding was restored.

If your hearing is affected, the court will send a new hearing notice to you or your attorney once it is rescheduled. However, since each court’s situation can change depending on staffing and local operations, we strongly recommend that individuals:

• Check your case regularly through EOIR’s automated case information hotline at 1-800-898-7180, or

• Visit the official EOIR Operational Status webpage for the latest updates.

Our advice: If you have an upcoming immigration court hearing, plan to attend as scheduled unless you receive an official notice of change. Failing to appear could have serious consequences for your case

III. ICE and CBP: Enforcement and Border Operations Continue as Essential Services

Both U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) are classified as essential federal agencies, meaning their key law enforcement and inspection functions continue during the government shutdown.

CBP: Ports of Entry Remain Open

• Ports of entry remain open, and processing of passengers continues as usual.

ICE: Enforcement Operations Continue

ICE Enforcement and Removal Operations (ERO) continue to operate, focusing primarily on detained immigration cases and essential law enforcement functions.

• The Office of Principal Legal Advisor (OPLA) is continuing to represent the government in detained immigration court hearings, which remain active.

• The ICE Student and Exchange Visitor Program (SEVP) is unaffected, since it is funded by fees rather than congressional appropriations.

• Access to individuals in custody remains available through regular means such as phone calls and visitation.

Takeaway:

Border crossings and immigration enforcement are continuing as normal, though some discretionary applications or administrative reviews may move more slowly. Detained immigration cases are proceeding, and clients in ICE custody remain accessible for communication and visitation.

IV. The U.S. Department of State (DOS), like USCIS, is primarily fee-funded, meaning that visa and passport operations generally remain open during a government shutdown.

Consular posts abroad continue to process most visa and passport applications because they are financed by applicant fees rather than congressional appropriations.

According to a recent report by Government Executive (Oct. 2025), some federal agencies have begun to implement staff furloughs and temporary layoffs, which may indirectly impact visa processing, document delivery, or communication response times at certain consular locations.

Our advice:

If you have upcoming travel plans or a scheduled visa appointment, plan ahead and allow extra time for processing. For urgent situations—such as medical emergencies or family crises—contact the nearest U.S. embassy or consulate to request emergency visa or passport services.

Looking Ahead

The longer the shutdown continues, the greater its ripple effect on immigration processing, court hearings, and visa services — with potential backlogs extending well into 2026.At the Law Offices of Sabrina Li, P.C., we are committed to guiding individuals, families, and employers through this uncertainty. Our team continues to monitor real-time agency updates and develop proactive strategies to keep cases moving.

For personalized advice on how the shutdown may affect your immigration process — and the steps you can take now — contact our office for trusted legal guidance.