We would like to inform you that a U.S. federal government shutdown is possible on or around January 31, 2026, due to ongoing budget negotiations in Congress. While no shutdown has been officially announced, we are closely monitoring ongoing developments.

Why does it happen?

A “government shutdown” occurs when Congress fails to pass the necessary funding bills to keep federal agencies operating. Without approved funding, many government departments must cease “non-essential” operations until budget is passed.

How may this impact your applications?

If the government agencies close for budgetary reasons, all but “essential” personnel are dismissed and are not allowed to work. The following is an overview of how the immigration-related agencies may be impacted:

• Department of Labor (DOL)
  • The DOL’s Office of Foreign Labor Certification (OFLC) would cease processing all applications during a government shutdown.
  • As a result, beginning October 1, 2025, the DOL will neither accept nor process any applications, including:
    • Prevailing Wage Determinations
    • H-2A Temporary Labor Certifications
    • H-2A Agricultural Clearance Order
    • H-2B Temporary Labor Certifications
    • H-1B Labor Condition Applications
    • Permanent Employment Certifications

• Department of State (DOS)
  • Visa and passport operations are fee-funded, therefore will remain open during a shutdown. However, if the shutdown persists and the fee revenue becomes insufficient at a particular post, operations may be limited to processing diplomatic visas and “life or death” emergencies only.

• Customer Border Patrol (CBP)
  • Inspection and law enforcement personnel are considered “essential.” Ports of entry will be open, and processing of passengers will continue. However, processing of applications filed at the border may be impacted.

• U.S. Citizenship and Immigration Services (USCIS)
  • The processing of petitions and applications is expected to continue uninterrupted, as USCIS does not rely on Congress for its funding.

Farmer Law PC will continue to monitor developments with respect to these and other policy changes and will post updates on our blog as additional information becomes available.