How the 2025 Government Shutdown Is Impacting U.S. Immigration

Posted on October 30, 2025 By Omole Law Firm | Immigration & Family Law Attorney

The ongoing federal government shutdown that began on October 1, 2025, has created widespread uncertainty across many federal agencies — and the U.S. immigration system is no exception. While some immigration services continue largely uninterrupted, others have slowed or stopped entirely, causing delays and frustration for immigrants, families, and employers.

Different parts of the U.S. immigration system are being impacted by the government shutdown, compounding existing backlogs and causing additional delays across multiple immigration agencies.

USCIS: Most Services Still Operating

The U.S. Citizenship and Immigration Services (USCIS) remains open during the shutdown because it is primarily funded by application filing fees, not congressional appropriations. This means that most case types — such as green card applications, family petitions, and naturalization — continue to be processed. However, applicants should still expect delays due to reduced staffing, slower inter-agency coordination, and limited access to supporting agencies (like the Department of Labor or consular offices).

Immigration Courts: Non-Detained Hearings Paused

The Executive Office for Immigration Review (EOIR) — which manages the immigration courts — is directly funded by Congress. As a result, non-detained court hearings have been suspended during the shutdown. If your hearing is for a non-detained case, it will likely be rescheduled once the government reopens. In contrast, detained hearings (for individuals in immigration custody) are considered essential and continue to operate. This pause could worsen the existing immigration court backlog, which already includes millions of pending cases.

Department of Labor: Major Delays for Employment-Based Immigration

The U.S. Department of Labor (DOL) plays a crucial role in employment-based immigration. It certifies Labor Condition Applications (LCAs) and PERM Labor Certifications — both required for many H-1B and green card filings. Because the DOL is closed during the shutdown, employers cannot file or obtain these certifications. This effectively freezes new or ongoing employment-based immigration cases that depend on DOL approval. For businesses and foreign professionals, this means significant processing delays and potentially missed filing windows.

Visa and Consular Processing: Continuing, but at Risk of Slowdown

The U.S. Department of State oversees embassies and consulates abroad, which issue visas and passports. Like USCIS, these services are largely fee-funded, allowing operations to continue — at least for now. However, if the shutdown continues for an extended period, some consular posts may reduce services due to limited staffing or depleted fee reserves. Applicants should expect longer appointment wait times and possible rescheduling of interviews.

Immigration Enforcement and Detention: Ongoing, with Reduced Oversight

Agencies such as U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) are considered essential and remain active.This means that border operations, enforcement actions, and detention proceedings continue, even as oversight and administrative review functions are scaled back. Reports indicate that immigration-detention oversight teams have been affected by the shutdown, potentially reducing transparency and accountability.

What This Means for Immigrants and Employers

• Individuals with pending applications should monitor USCIS case updates online and prepare for possible delays in processing.

• Those with immigration court hearings should verify their case status with EOIR and await a new hearing notice once normal operations resume.

• Employers sponsoring foreign workers should prepare for DOL-related disruptions and consider consulting legal counsel to adjust filing strategies.

• Visa applicants abroad should check consular websites frequently for the latest operating status and scheduling changes.

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Omole Law Firm Can Help

At Omole Law Firm, we understand how stressful immigration uncertainty can be — especially when caused by factors beyond your control. Our attorneys closely track all agency updates and can help you navigate any shutdown-related delays or complications.

Whether you’re waiting on a green card, defending against deportation, or seeking to bring a family member to the United States, our firm is here to advocate for your rights and keep your case moving forward.

📞 Contact Us: 240-472-5447📧 Email: info@omolelaw.com🌐 Visit: www.omolelaw.com

Omole Law Firm provides effective representation in immigration, deportation defense, and family law matters across North Carolina.