US Government Shutdowns and Work Visas: What Actually Changes

Every time the U.S. Congress fails to pass appropriations bills or a continuing resolution, parts of the federal government enter a partial halt — what is commonly called a government shutdown. For those who depend on a U.S. work visa, this is not merely a political curiosity: it is a concrete variable that can delay interviews, stall petitions, and push employment start dates months beyond what was planned.

The October 1, 2025 shutdown once again exposed this vulnerability. Although that episode has ended, the pattern repeats: since 1976, more than twenty budget shutdowns have been recorded, and the tendency for recurring impasses in Washington makes this a perennial issue for foreign professionals, U.S. employers, and immigration attorneys. Understanding which agencies stop, which continue, and how to adjust timelines is part of responsible immigration planning in 2026.

What Is a Federal Shutdown

A shutdown occurs when Congress fails to pass appropriations bills by the start of the fiscal year (October 1) or approve a continuing resolution. Without budget authorization, discretionary federal agencies must suspend non-essential activities and place part of their workforce on unpaid leave (furlough), as required by the Antideficiency Act.

Not every agency shuts down equally. Functions considered essential — security, border enforcement, criminal investigations — continue operating. And agencies funded by user fees rather than congressional appropriations maintain most of their operations even during a shutdown.

Which Immigration Agencies Stop and Which Continue

USCIS Keeps Processing

The United States Citizenship and Immigration Services is the only major immigration agency that operates almost entirely on fees paid by applicants. As a result, during shutdowns USCIS continues adjudicating I-129 petitions (nonimmigrant visas), I-140 (employment-based preferences), I-485 (adjustment of status), I-765 (employment authorization), and other forms. Premium processing also remains active.

There are, however, programs within USCIS that depend on congressional funding. E-Verify, for example, typically becomes unavailable during shutdowns, which affects employers in states where the system is mandatory and OPT STEM extension processes that rely on it.

Department of State Operates with Limits

The U.S. Department of State and American consulates in Brazil and worldwide continue issuing visas as long as there is a balance in the Consular Affairs user fees account. When that reserve is exhausted, appointments and interviews are reduced to cases of humanitarian emergency or demonstrable urgency. During prolonged shutdowns, it is common for H-1B, L-1, O-1, F-1, and B-1/B-2 visa interviews to be rescheduled without prior notice.

DOL Halts LCAs and PERM

The Department of Labor is the immigration agency most affected by shutdowns. Without a budget, the DOL suspends the receipt and processing of Labor Condition Applications (LCA), required for H-1B, H-1B1, and E-3 visas, and freezes the entire PERM system for permanent labor certification, the foundation of EB-2 and EB-3 petitions. Without an approved LCA, USCIS cannot adjudicate the subsequent H-1B petition.

EOIR and Immigration Courts

The Executive Office for Immigration Review operates in restricted mode: hearings for detained individuals continue, but non-detained cases are typically rescheduled to dates that may fall years ahead, worsening the already massive backlog of more than 3 million pending cases.

Direct Impacts on Work Visas

H-1B and the LCA–I-129–Consulate Chain

The H-1B is the classic example of a process that depends on three agencies in sequence. The I-129 petition filed with USCIS requires a DOL-certified LCA. If the DOL is shut down, USCIS may accept pending filings, but final approval is held back. And with the I-129 already approved, the applicant still needs a consular interview — and prolonged shutdowns reduce consulate capacity.

In 2026, the H-1B fee structure includes the base I-129 filing fee of $780, plus the ACWIA fee ($1,500 for employers with more than 25 employees, or $750 for smaller companies) and the Fraud Prevention and Detection Fee of $500. These amounts are paid directly to USCIS and are not refunded in the event of a shutdown-related delay.

L-1, O-1, and Other Nonimmigrants

L-1 and O-1 do not require an LCA, so they are less affected by the DOL shutdown. Even so, premium processing, while still active, only guarantees the USCIS adjudication timeline — not consulate availability for the subsequent interview.

EB-2, EB-3, and the PERM Bottleneck

Employers sponsoring employment-based Green Cards depend on DOL’s PERM certification as a prerequisite for the I-140. Every day of shutdown adds to the already lengthy PERM processing time, which in 2026 exceeds 14 months in the initial review phase.

How to Mitigate Shutdown Risks

Anticipate Calendar-Sensitive Filings

For cap-subject H-1B, the filing window is fixed (April) and independent of any shutdown. Transfers, extensions, and changes of status that have scheduling flexibility should be filed before the close of the federal fiscal year (September 30), reducing exposure to October shutdowns and beyond.

Use Premium Processing Strategically

USCIS premium processing ($2,805 for most eligible forms in 2026) guarantees adjudication within 15 business days and remains available during shutdowns. During periods of budget instability, it is worth considering the upgrade even for non-urgent cases, to lock in the USCIS timeline before potential bottlenecks at dependent agencies.

Monitor Official Updates

Monitor the official pages of uscis.gov, travel.state.gov, and dol.gov directly. Each agency publishes specific notices about shutdown operations, typically updated within 24 to 48 hours of the shutdown’s start.

Renegotiate Employment Start Date Clauses

Professionals with a U.S. job offer should include contingency clauses in their contract allowing for adjustment of the start date if the visa takes longer than expected. Employers experienced in global mobility accept this type of protection without difficulty.

Consider Jurisdictional Alternatives

During prolonged shutdowns, countries such as Canada (Global Talent Stream), the United Kingdom (Skilled Worker and Global Talent), and Australia (Subclass 482 and 186) maintain more predictable systems. Highly skilled professionals can use these jurisdictions as a bridge while the U.S. system normalizes.

What the 2025 Shutdown Teaches Us

The 2025 episode reinforced three lessons for 2026 and beyond. First: the predictability of the U.S. immigration system depends less on USCIS rules and more on the federal budget. Second: companies and professionals who treat immigration as an isolated event — rather than a long-term project — are the most exposed to operational losses. Third: early planning, complete documentation, and diversification of immigration scenarios have moved from luxury to baseline for any serious global mobility strategy.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.