The US Govt Shutdown: Will USCIS Stop Working?
- Shan Potts
- 1 hour ago
- 2 min read
Every year, it feels like the same story. Congress hits a budget impasse, the news cycle explodes with panic, and our phones start ringing with one question: "Will my visa petition be denied or delayed because of the US govt shutdown?"
The anxiety is understandable. When the government stops, you assume everything stops. However, the U.S. immigration system is a complex machine with different power sources. Some parts rely on tax dollars, while others run on user fees. Knowing the difference can save you from panic—or save your case from a fatal delay.
Here is the strategic breakdown of what a US govt shutdown actually means for your immigration journey.
Does a US Govt Shutdown Close USCIS?
The short answer is: No.
Unlike the National Parks or the IRS, the United States Citizenship and Immigration Services (USCIS) is primarily a fee-funded agency. Almost 97% of its budget comes from the filing fees you pay—not from Congressional appropriations.
Because USCIS pays its own bills through your checks, it generally remains open during a US govt shutdown.
Petitions are processed: If you have a pending I-140 or H-1B petition, adjudicators will continue to work on it.
Interviews proceed: Green Card and naturalization interviews are usually not canceled.
Biometrics appointments: Application Support Centers (ASCs) typically remain operational.
However, while the "engine" (USCIS) runs, the "fuel lines" coming from other agencies may be cut.
The Real Danger of a US Govt Shutdown: The Department of Labor
This is where the situation gets dangerous for H-1B applicants and Green Card seekers. While USCIS is fee-funded, the Department of Labor (DOL) is funded by Congress.
In a full US govt shutdown, the DOL ceases "non-essential" operations. This means the FLAG system - the digital portal used to certify Labor Condition Applications (LCAs) and PERM applications - will likely go dark.
H-1B Impact: You cannot file an H-1B petition with USCIS without a certified LCA from the DOL. If the DOL shuts down, you cannot get an LCA. Even if USCIS is open to accept your petition, you will be blocked from filing because you are missing this prerequisite document.
Green Card Impact: PERM processing, which is already suffering from massive backlogs, will come to a complete halt.
Consular Delays During a US Govt Shutdown
The Department of State (which runs US Consulates abroad) operates on a hybrid model. They use fees for visa services, but they also rely on appropriated funds for security and operations.
Historically, consulates try to keep visa appointments running. However, if a US govt shutdown drags on, support staff may be furloughed. This leads to reduced capacity, fewer appointment slots, and slower visa stamping turnaround times.
Strategic Advice: What You Must Do
Do not wait for Congress to make a deal. If you have an H-1B filing or an extension coming up in the next 6 months, you must file your LCA now.
The risk isn't that USCIS will close. The risk is that the supporting documentation you need from the DOL will become unobtainable. In immigration law, timing is everything. Do not let politics dictate your timeline.
Call to Action
Worried about your case?
If a shutdown is looming, we need to file your documents immediately. Contact Shan Potts Law Offices today to ensure your paperwork beats the blackout.