The US government occasionally goes into shutdown, a partial paralysis of federal activities caused by the lack of budget approval. During this period, many essential operations are interrupted or delayed, directly affecting immigration services and legal processes for foreigners living or intending to live in the US.
In this comprehensive guide, you'll understand how the shutdown impacts visas, green cards, work permits and immigration procedures, as well as strategic tips for minimizing risks and staying compliant.
What the shutdown is and how it affects immigration processes
A shutdown occurs when the US Congress fails to approve the federal budget before the set deadline, forcing the government to halt non-essential activities. During this period, the following consequences can affect immigrants and businesses:
- Staff reductions: employees from various agencies are off work or operating with minimal staff.
- Suspension of non-priority services: administrative processes, interviews and some certifications may be postponed.
- Impact on legal deadlines: dates for interviews, hearings and the issuing of documents may be extended without prior notice.
Although USCIS (United States Citizenship and Immigration Services) continues to operate for the most part, thanks to funding from applicant fees, other essential agencies in the immigration path can be affected, which creates delays in interdependent processes.
Agencies impacted by the shutdown
1. USCIS
USCIS, which is responsible for visa petitions, green cards and work permits, is mainly funded by fees paid by applicants. This is why it continues to operate normally in most cases, ensuring that naturalization processes, visa extensions and adjustments of status continue to work.
However, delays can occur when the process depends on other agencies, such as the Department of Labor or external councils.
2. State Department
The State Department manages American consulates and embassies abroad. During the shutdown:
- Visa issuance may be reduced or delayed.
- Urgent services, such as security emergencies, continue to operate, but regular appointments may be postponed.
- Brazilians planning to travel for work, study or tourism should apply for a visa early, especially during periods of high demand, such as the end of the year and international events.
3. Department of Labor (DOL)
The Labor Department is essential for processes involving labor certifications, such as:
- Labor Condition Application (LCA): required for H-1B, H-1B1, H-2B and other visas.
- PERM (Program Electronic Review Management): certification required for some employment-based green card categories.
During the shutdown, these processes can be suspended, creating a cascading effect that delays the issuing of visas or the hiring of foreigners by American companies.
4. E-Verify
E-Verify is the tool used by employers to validate the work eligibility of new hires. During the shutdown, the system may become unavailable, complicating the hiring of foreigners and increasing the risks of labor non-compliance.
5. Immigration courts
Immigration hearings, especially for parole cases or appeals, may be postponed, increasing the queue of cases and generating legal uncertainty for foreigners awaiting decisions.
Who is most impacted by the shutdown
- Foreigners awaiting visas: interviews can be postponed, especially at consulates.
- Professionals who depend on LCA or PERM: delays at the Department of Labor can delay the entire visa process.
- Companies that hire foreigners: may face unavailability of E-Verify or delays in work authorizations.
- Applicants for naturalization or green cards: processes involving multiple agencies can suffer cumulative delays.
- International students: delays in study visas can impact the start of an academic semester.
Practical consequences for foreigners and companies
Even if some agencies continue to operate, the shutdown causes:
- Significant delays: visa interviews, the issuing of green cards, work certificates and hearings can be postponed.
- Uncertainty about deadlines: foreigners are unable to plan trips or start activities safely.
- Financial impact: companies that rely on foreign employees can suffer losses due to project or contract delays.
- Legal risks: without access to E-Verify or mandatory certifications, companies may be out of compliance.
- Mandatory strategy and planning: the period requires greater attention to avoid negative impacts.
Tips to minimize the impact of the shutdown
- Follow official websites
- USCIS
- State Department
- Anticipate requests
- Apply for visas, green cards and labor certifications in advance.
- Avoid leaving it to the last minute before traveling or starting projects.
- Count on expert advice
- Immigration consultants can advise on alternatives, priorities and strategies to minimize delays.
- Immigration consultants can advise on alternatives, priorities and strategies to minimize delays.
- Keep documents organized
- Correct and complete documents speed up processes even during periods of disruption.
- Correct and complete documents speed up processes even during periods of disruption.
- Plan for corporate contingencies
- Companies must anticipate delays in onboarding foreign employees and adjust project schedules.
Conclusion
The US government shutdown is a reality that can lead to delays, uncertainties and risks in immigration processes, even when part of the system continues to function. For foreigners and companies, the key is planning, reliable information and expert advice.
By following good practices and keeping up with official updates, it is possible to reduce risks, maintain compliance and minimize negative impacts during these periods of partial government shutdown.
