## How will a DHS shutdown specifically affect Employment-Based Green Card (PERM) processing timelines?

Employment-based green card processes, particularly those requiring the Program Electronic Review Management (PERM) labor certification, are highly susceptible to delays during a government shutdown, even if USCIS remains open. While USCIS adjudicates the subsequent I-140 petition, the initial PERM filing relies on the Department of Labor (DOL), which often suspends operations reliant on appropriated funds (https://www.morganlewis.com/pubs/2025/10/impact-of-us-government-shutdown-on-immigration-and-consular-operations). Specifically, government attorneys in Enforcement and Removal Operations (ERO) will focus primarily on detained docket cases, impacting administrative backlogs (https://www.hollandhart.com/how-does-the-federal-government-shutdown-affect-immigration-agencies-and-processes). Furthermore, employers relying on the E-Verify system, which is suspended during a shutdown because it is not fee-funded, face immediate logistical problems, as this system is essential for verifying employment eligibility for underlying visa petitions like H-1B, which directly precede many green card applications (https://www.morganlewis.com/pubs/2025/10/impact-of-us-government-shutdown-on-immigration-and-consular-operations). Any resulting delays in PERM adjudication can also cause significant challenges for individuals approaching the maximum period of stay limits for H-1B or L-1 visas (https://www.hollandhart.com/how-does-the-federal-government-shutdown-affect-immigration-agencies-and-processes).

### Are non-immigrant visa appointments at consulates overseas impacted by the shutdown?

Generally, visa operations conducted at U.S. embassies and consulates abroad are *not* significantly impacted by a domestic DHS shutdown because these services are funded by application fees (https://immigration.columbia.edu/news/impact-federal-government-shutdown-on-international-scholars-and-students). Therefore, the ability to schedule or attend routine non-immigrant visa interviews (like B-1/B-2, F-1, or H-1B stamping) often proceeds as normal, as these operations are self-sustaining through collected fees (https://visaservices.duke.edu/news/immigration-consequences-government-shutdown/). However, this is not universally guaranteed; any specific consular program that relies on appropriated funds for operations, such as the Conrad 30 J-1 Waiver Program, may face suspension (https://www.hollandhart.com/how-does-the-federal-government-shutdown-affect-immigration-agencies-and-processes). The primary domestic agency shutdowns do not typically halt the processing of consular cases handled by the Department of State.

### Which specific employment-related immigration programs are confirmed to suspend operations during a funding lapse?

Several critical administrative and verification programs that support the flow of employment-based immigration are confirmed to suspend operations during a funding lapse because they rely on congressional appropriations rather than application fees. The most notable service suspension is **E-Verify**, the system used by employers to confirm the eligibility of their employees to work in the U.S. (https://www.morganlewis.com/pubs/2025/10/impact-of-us-government-shutdown-on-immigration-and-consular-operations). In prior shutdowns, DHS suspended deadlines for creating E-Verify cases and resolving Tentative Nonconfirmations (TNCs), creating an immediate administrative burden for employers trying to maintain I-9 compliance for new hires or extensions (https://www.morganlewis.com/pubs/2025/10/impact-of-us-government-shutdown-on-immigration-and-consular-operations). Employers must maintain meticulous records during this time, as they will be required to complete these steps retroactively once the system is restored.

### If USCIS is fee-funded, what internal operations might still cease or slow down?

While USCIS can continue accepting and adjudicating most applications like I-485 (Adjustment of Status) and I-140 petitions, its operational capacity is still affected by the shutdown of non-fee-funded support services within DHS. Critical administrative functions, support staff, and non-essential enforcement activities that rely on appropriated funds will halt (https://www.hollandhart.com/how-does-the-federal-government-shutdown-affect-immigration-agencies-and-processes). This often translates into slower internal processing, reduced capacity for service center requests, and a potential freeze on adjudicating cases that require coordination with other, furloughed federal agencies. For those already in the green card queue, this means a higher likelihood of delays in Requests for Evidence (RFEs) or other necessary follow-ups, as the entire federal ecosystem required to support the adjudication is not operating at full capacity.

### Key Takeaways: Navigating Immigration During a DHS Funding Lapse

For stakeholders concerned about visa and green card applications during a DHS funding lapse, the following insights are crucial:

* **USCIS Generally Continues:** Most application intake and adjudication by USCIS is expected to proceed, as the agency is fee-funded.
* **E-Verify is Down:** Employers requiring new hires or extensions linked to H-1B/PERM processes should anticipate the E-Verify system being unavailable, requiring documentation and retroactive entry once services resume.
* **DOL/PERM Delays Likely:** Processes reliant on the Department of Labor, such as the initial PERM stage for employment-based green cards, are highly vulnerable to suspension.
* **Consular Services Likely Stable:** Visa processing at overseas consulates, funded by fees, is less likely to be affected by the domestic DHS funding issue.
* **Documentation is Paramount:** Regardless of agency status, applicants and employers must meticulously document every step taken (or not taken) due to system outages to demonstrate compliance retroactively.

The future impact hinges on the duration of the lapse; short, one-week shutdowns cause manageable administrative backlogs, whereas prolonged funding uncertainty creates significant strategic problems for businesses dependent on timely visa extensions or permanent residency status for key talent.

### Conclusion

The question of whether a DHS shutdown delays immigration services finds its answer in the distinction between fee-funded and appropriation-funded operations. While the core USCIS machinery for processing green cards and petitions may grind on, the systemic reliance on auxiliary services—particularly E-Verify for employment confirmation and the Department of Labor for PERM—creates significant choke points. For applicants and employers, this uncertainty demands proactive planning, robust documentation, and an acceptance that timelines, already lengthy in the U.S. immigration system, are subject to compounding federal instability. The true cost of a shutdown is often measured not just in delayed processes, but in the business disruption caused by these crucial administrative blind spots.

## References

* https://www.morganlewis.com/pubs/2025/10/impact-of-us-government-shutdown-on-immigration-and-consular-operations
* https://visaservices.duke.edu/news/immigration-consequences-government-shutdown/
* https://www.hollandhart.com/how-does-the-federal-government-shutdown-affect-immigration-agencies-and-processes
* https://www.klaskolaw.com/effect-of-government-shutdown-on-u-s-immigration-system/
* https://immigration.columbia.edu/news/impact-federal-government-shutdown-on-international-scholars-and-students