The U.S. government has been shut down since October 1, 2025, leaving many employers and applicants wondering how this impacts their visa filings and immigration cases. Here’s a quick breakdown of what’s still moving — and what’s facing delays.

Which Visa Processes Are Still Moving

USCIS remains open and operational since it’s primarily funded by filing fees rather than congressional appropriations. This means nonimmigrant petitions such as H-1B, L-1 and O-1 and immigrant visa petitions (Form I-140) are still being processed.

However, the shutdown is causing ripple effects. The Department of Labor (DOL) — which handles Labor Condition Applications (LCAs) and PERM labor certifications and prevailing wage requests is not processing requests during the shutdown. This may delay new filings that depend on these certifications.

USCIS has clarified that if an employer can show a delay was caused directly by the shutdown, it will treat the situation as an “extraordinary circumstance” beyond the petitioner’s control. In such cases, USCIS may excuse a late extension of stay or change of status filing. The agency has also stated it will continue to monitor the situation and provide further updates as needed.

What’s Slowing Down

While USCIS continues to process petitions, immigration functions tied to agencies like the Department of Labor that rely on federal funding have been paused. That includes:

  • Labor Condition Applications for H-1B petitions
  • Temporary Work Labor Certifications for H-2B petitions
  • PERM filings for employment-based green cards
  • Prevailing wage determinations

Furthermore, if the Department of Health and Human Services remains closed during the shutdown, we will be unable to submit J-1 waiver applications for physicians until the government reopens.

As a result, employers may experience bottlenecks even though USCIS remains technically open and processing cases.

Our Take

We understand how unsettling this can be, especially for employers and professionals working within strict visa timelines. The team at Garvish Immigration Law Group is closely monitoring developments and advising clients on how to minimize disruptions. If you’re uncertain about how the shutdown might affect your case, we’re here to help you evaluate your options, stay compliant, and keep your immigration plans moving forward.