U.S. Immigration Shutdown: Challenges for Employers and HR

🚨 Potential Government Shutdown & Immigration Impacts 🚨 With federal funding set to expire on September 30, 2025, the possibility of a government shutdown is on the horizon. While some immigration functions may continue, others could be significantly disrupted. For employers, HR teams, and in-house counsel, it’s important to anticipate the potential impact on your workforce and compliance obligations. Key Agency Impacts: - USCIS: Will remain open since it is fee-funded, but delays are expected. Programs dependent on appropriated funds (E-Verify, Conrad 30, religious workers) may be paused. - CBP: Essential inspections will continue, though staffing shortages may cause delays. - DOL: All immigration-related functions (LCAs, PERM, prevailing wage requests) will stop, and the FLAG system will go offline. - DOS: Consular services may continue briefly but risk disruption in a prolonged shutdown. - E-Verify: Will be offline during a shutdown, halting new case creation and tentative nonconfirmation (TNC) resolution. What Employers Can Do Now: ✔ Continue completing I-9s; submit E-Verify cases once the system reopens. ✔ Track visa extensions closely—USCIS has discretion to excuse late filings caused by a shutdown. ✔ Consider filing PERM applications by mail if FLAG is unavailable; retain proof of timely delivery. 💡 A shutdown could significantly disrupt work visa filings and employment verification. Proactive planning now can reduce workforce risk later. #ogletreeimmigration #immigrationcompliance #ogletreedeakins #governmentshutdown

I just posted a blog on how employers should navigate work authorization termination for foreign nationals, and in particular regarding Temporary Protected Status (TPS) and the automatic termination of an employment authorization document (EAD) incident to a particular immigration program. Employers should keep in mind that Federal Register postings will provide updates on whether TPS status expires early or an expired EAD under TPS or certain humanitarian programs is still valid as proof of work authorization. https://lnkd.in/eS3fmn8 #USimmigration #USvisas #TPS #Form I-9

Day 9 of the Federal Shutdown: DOL Immigration Functions Frozen While USCIS Stays Operational As the U.S. government shutdown enters its ninth day, business immigration is partly frozen and partly active. Here’s what employers need to know: - Department of Labor (DOL): Fully Suspended The Office of Foreign Labor Certification (OFLC) has stopped all processing, halting the start of many employment-based cases: PERM Labor Certifications for EB-2/EB-3 green cards Labor Condition Applications (LCAs) for H-1B, H-1B1, and E-3 petitions Prevailing Wage Determinations (PWDs) required for PERM and optional for H-1B filings The Foreign Labor Application Gateway (FLAG) system is offline. - U.S. Citizenship and Immigration Services (USCIS): Largely Operational Because USCIS is fee-funded, it continues to accept and adjudicate most petitions. Some local offices in federal buildings may face service delays. - Petitions Awaiting DOL Documentation USCIS will generally allow late filings of Form I-129 or I-129CW petitions for extensions or changes of status when the only reason for delay is the DOL shutdown. These petitions can be filed once the government reopens and required documentation is available. - Department of State (DOS): Mostly Operational Visa and passport services are largely fee-funded. U.S. embassies and consulates continue processing visa applications, though domestic passport agencies may face disruptions. - E-Verify: Unavailable E-Verify is offline during the shutdown. Employers must still complete Form I-9 on time. If you cannot create an E-Verify case, print the official outage notice and attach it to the Form I-9. Do not take adverse action against an employee because of a Tentative Non-confirmation (TNC). What Employers Should Do Now * Prepare: Gather all documents for PERM, LCA, and PWD applications to file once systems reopen. * Document: Keep clear records of shutdown-related delays. * Communicate: Update HR and affected employees about timelines. * Monitor: Watch for congressional action, as DOL systems can restart quickly once funded. Although most USCIS and DOS functions continue, the DOL shutdown effectively halts new employer-sponsored filings. Advance preparation now will save valuable time when operations resume. #BusinessImmigration #GovShutdown #H1B #PERM #ImmigrationLaw #HR #GlobalMobility

I have practiced immigration law for 25 years and literally only once (about 15 years ago) have I come across an employer who was looking to employ H-1B workers to "save money." For every other client, their first thought was finding the best person for the job. Often, they had no idea that the person needed a visa to work for them, what visa would be required, or what it would cost. Frequently, they would wind up paying much more to employ the foreign worker than if they hired a US worker, but that was a trade-off they would be willing to make to have the best worker. Trump apparently believes that, if we make legal immigration super expensive, US employers will hire Americans instead of foreign workers. Maybe that will occur at the margins with small employers, particularly those exclusively serving the US market. However, it is hard for a small business owner to keep things going with overpaid, underperforming employees, regardless of their citizenship. My suspicion is that, instead of a rise in US employment, we will see small employers turn to automation/Al. Big employers compete in a global market. Their continued existence requires employing top talent. If our laws make it impossible to employ the top human talent within the borders of the US, then that employment will occur outside the borders of the US. So, rather than encouraging a spike in US employment, what you will see is a flight of talent to more welcoming countries. Ultimately, this will create even more polarization between the haves and have-nots. Large companies will become even richer, able to tap international resources for greater productivity. Investment in the US will fall, since there will be less profit to be had. Small US businesses will struggle and yield further market share to the big boys. It will be like a replay of the 1970s.

Wondering how the 2025 US government shutdown will affect immigration processes? This blog unpacks major disruptions in DOL functions, visa certifications, E-Verify, and USCIS operations, plus what employers and foreign talent need to stay compliant and plan next steps. Read the full article to gain insights for HR, staffing, and international mobility teams facing this high-uncertainty season. https://lnkd.in/gXFExjdx #ImmigrationNews #USGovernmentShutdown #VisaProcessing #HRCompliance #EVerify #FormI9 #OnBlickExplains

Global hiring has never been more complex. Visa backlogs, shifting policies, and new restrictions are creating uncertainty that can disrupt business operations and slow growth. Forward-looking organizations are preparing now. By diversifying hiring channels, building contingency plans, and partnering with trusted immigration experts, companies can create resilient strategies that adapt quickly to change. Our white paper, “Future-Proofing Hiring in a Changing Immigration Landscape," explores how to turn today’s immigration challenges into opportunities for long-term workforce strength. Download the guide here: https://lnkd.in/gNHX5bwS #Immigration #GlobalTalent #GlobalWorkforce #ImmigrationCompliance #PeopleOps #HumanResources #HR #ImmigrationLaw #Compliance

Immigration Update: USCIS is moving to modernize employment-based green card rules. The agency aims to address longstanding inefficiencies, streamline processes, and reduce uncertainty for both employers and applicants. We’re tracking what these proposed updates could mean for companies hiring foreign talent and individuals pursuing permanent residency. 

Government Shutdown & Immigration Services: What You Need to Know As an Immigration Consultant, I’m closely watching how the federal government shutdown impacts clients and the immigration process. While some services continue, others face serious delays. Department of Labor (DOL): LCAs, PERMs & wage determinations paused. USCIS: Mostly fee-funded, but expect slower processing & interagency delays. E-Verify: May be offline — employers, take note. Immigration Courts: Non-detained cases often postponed. Visa Services: Some consulates may slow down depending on funds. Advice for Clients & Employers • File applications early. • Expect delays & build buffer time. • Monitor USCIS, DOL & EOIR announcements. • Stay proactive with your legal/immigration team. https://lnkd.in/gYk6Su-h #Immigration #ImmigrationConsultant #GovernmentShutdown #USCIS #ImmigrationLaw #BusinessImmigration #PolicyUpdates

The U.S. government shutdown has created major disruptions across employment-based immigration services. While some agencies — such as USCIS and the Department of State — will continue limited operations through fee-based funding, others, including the Department of Labor, have suspended key immigration functions entirely. That means no processing of: Labor condition applications (H-1B), Prevailing wage determinations (H-1B, H-2A, H-2B), and PERM labor certifications. These delays will impact employers hiring foreign talent and workers whose status or authorizations are nearing expiration. E-Verify is also offline, though employers will not be penalized for missed verifications during the shutdown. Stay up to date on how the shutdown affects immigration processing and workforce planning. Read the full breakdown: https://shrm.co/o64bu9.

The shutdown is a good reminder that workforce plans can change overnight. When immigration processes stall, it’s not just paperwork, it’s people, teams, and projects on hold. Now’s the time for leaders and their teams to understand and to check where they might be exposed and plan ahead for hiring delays or renewals. Communicating clearly and openly, and staying flexible and prepared matters. #Leadership #WorkforcePlanning #HR #SynexeConsulting