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Government Shutdown – Immigration Impacts for Employers

Maggio Kattar

Government Shutdown: Impact on Employers’ Immigration Compliance (E-Verify, I-9, DOL, Consular Visa Appointments)

The federal government shutdown has significant consequences for employers managing immigration compliance. Below is a breakdown of how the shutdown affects E-Verify, Form I-9, Department of Labor (DOL) filings, USCIS operations, and consular visa appointments.

Government Shutdown and E-Verify / Form I-9

  • E-Verify is unavailable. DHS has suspended the three-day rule for creating E-Verify cases during the shutdown.
  • Employers must still complete Form I-9 within three business days of an employee’s start date.
  • TNC deadlines will be extended once the system reopens.
  • Employers may not take adverse action against employees with delayed cases.

Government Shutdown and Department of Labor (DOL) Filings

  • The Office of Foreign Labor Certification (OFLC) is closed.
  • Processing is halted for:
    • Form ETA-9035 (Labor Condition Applications)
    • Form ETA-9141 (Prevailing Wage Determinations)
  • Expect filing delays for H-1B, PERM, and related matters.

Government Shutdown and USCIS

  • USCIS remains open and fee-funded.
  • Petitions and applications (H-1B, O-1, I-140, Adjustment of Status, etc.) will continue to be processed.

Government Shutdown and Consular Visa Appointments

  • U.S. embassies and consulates are primarily fee-funded and will generally continue visa and passport services.

What Employers Should Do During the Government Shutdown

Complete I-9s on Time – do not delay I-9 completion while E-Verify is offline.

Track Shutdown Hires – log new hires to create E-Verify cases later.

Adjust Timelines – prepare for DOL delays and slower consular processing.

If you have any questions, please contact your Maggio Kattar attorney.