Ongoing congressional debates over Department of Homeland Security (DHS) funding have raised concerns about a potential federal government shutdown. While political negotiations continue in Washington, it is crucial for foreign nationals and U.S. employers to understand how a lapse in federal funding could impact the immigration system and processing timelines.
Fortunately, U.S. Citizenship and Immigration Services (USCIS) is primarily fee-funded. This means processing for most visa categories—including H-1B, L-1, O-1, and employment- or family-based green cards—will generally continue even if the government shuts down. However, Department of Labor (DOL) operations, including PERM labor certifications and Labor Condition Applications (LCAs) for H-1Bs, would likely be suspended. Additionally, the E-Verify system may pause, and visa processing at U.S. embassies abroad could experience delays depending on local consular funding.
The Peng Law Group advises employers and applicants to proactively manage their immigration timelines to mitigate these risks. If you are preparing an H-1B petition requiring an LCA or an EB-2/EB-3 green card dependent on a PERM application, we strongly recommend filing as early as legally permissible to avoid DOL-related bottlenecks. We will continue to monitor the DHS funding situation and provide updates on any legislative changes that may affect your immigration journey.