The US government has reopened after a 43-day lapse in funding that began on October 1 2025. A short-term funding bill passed by Congress has restored federal operations until January 30 2026. Immigration services that had paused or scaled back during the shutdown are now resuming activity, although some agencies face accumulated backlogs that will take time to clear.
Fall 2025 Shutdown Ends
The shutdown did not halt every immigration function. USCIS continued operating because its core activity is funded by filing fees. Other agencies central to immigration processes did not have that buffer. The Department of Labor faced interruptions to prevailing wage processing and labor certifications. E-Verify was unavailable for most of the shutdown which meant employers had to complete I-9s without access to the system. Social Security card issuance slowed which created onboarding delays for new workers who needed SSNs to start employment. Consular activity outside the United States varied by post and was driven by each mission’s own funding and capacity.
Impact of Reopening
Funding reinstatement allows agencies to restart functions that had paused or run with limited capacity. DOL has resumed LCA and PERM-related processing. E-Verify access is back which brings employers into compliance routines they could not complete during the shutdown. Social Security offices have reopened and will begin to work through delayed card applications. The practical challenge now lies in clearing accumulated demand. For applicants and employers this means movement will resume but not immediately return to normal speed. Files that were already at advanced stages may move first while older cases wait for agency triage.
The funding bill is temporary. Without a new agreement federal operations will again be at risk on January 30 2026. Employers with time-sensitive immigration work should plan with that risk in mind. Human resources teams that rely on E-Verify should prepare for the possibility of another interruption. Foreign nationals with upcoming deadlines for extensions or changes of status should allow additional time for case progression because a second lapse in funding would trigger renewed operational slowdowns across connected agencies.
NNU Perspective
For employers and applicants the reopening means stalled filings and compliance processes can begin to move again, but the risk of further disruption remains if funding negotiations fail later in January.
Impact on Employers
Reopening removes the immediate constraints that blocked critical onboarding and compliance steps during the shutdown. Employers will see resumed processing across DOL functions, renewed access to E-Verify and a gradual return to routine adjudications that rely on inter-agency coordination. The benefit will not be instant. Agencies are dealing with a 43-day interruption and will prioritise according to operational needs. That means employers should expect uneven timelines as casework resumes.
E-Verify is active again which allows employers enrolled in the program to complete pending verifications for hires made during the shutdown. Any delays caused by E-Verify’s unavailability should be documented in case questions arise later. SSN issuance delays may still affect start-dates for some workers. Employers should be ready to adjust onboarding schedules while Social Security offices clear backlogs from October and November.
Labor Condition Applications, prevailing wage requests and PERM filings can now proceed. Cases already in motion may move first while filings submitted during the shutdown await their place in the queue. Employers with recruitment timelines built around PERM processing should review expected adjudication windows. The restart may reveal gaps between planned and actual case timelines which affect downstream steps such as I-140 filings and extension strategies for sponsored workers approaching maximum stay periods.
Because the current funding expires on January 30 2026 employers need contingency plans. Case preparation should avoid dependence on late January deadlines. Where possible filings should be submitted early to avoid being caught in any future funding lapse. Human resources and mobility teams should notify business units about possible delays if another shutdown occurs so they can factor that into hiring decisions, start-dates and workforce planning.
Impact on applicants and sponsored employees
Applicants now have confirmation that their cases can resume. Any step that required DOL action or systems such as E-Verify can begin moving again. Processing will not be instantaneous and individuals should expect slower movement than usual while agencies clear accumulated tasks. Applicants should gather evidence of any delay caused by the shutdown. This may help if timelines are questioned later or if they need to justify late responses, late filings or missed windows that fell within the 43-day period.
Individuals waiting on LCAs, prevailing wage determinations, PERM recruitment approvals or case certifications should see activity resume. Applicants with pending extensions or changes of status will continue through USCIS processes as normal since USCIS operations were not paused. Those with consular cases may experience varied delays because some posts may need additional time to recover capacity. Applicants should watch for scheduling notices and be prepared for tighter timeframes as agencies work to rebuild normal operations.
Applicants should keep records of any disruption such as delayed SSN issuance, postponed LCA decisions or missed E-Verify steps. If the shutdown created risk of status expiration or missed filing opportunities those records can support later explanations. Some agencies have historically allowed limited flexibility when delays were directly caused by a shutdown but this depends on the facts and timing.
Applicants with key immigration milestones landing near late January should plan for the possibility of reduced operations. Filing early or advancing document preparation can reduce risk. Where international travel is planned applicants should be alert to the prospect of consular delays if another lapse in funding occurs.
Need Assistance?
The government has reopened but the temporary nature of the funding means uncertainty continues. Agencies are resuming activity but backlogs from the shutdown will take time to address. Employers and applicants should track agency notices through December and January because updated operational guidance will shape case timelines across early 2026. The risk of another shutdown on January 30 creates a narrow window for critical steps that rely on DOL functions or E-Verify. The more time-sensitive the case the more important it is to act early while agencies are fully funded.
For specialist guidance and advice, book a fixed-fee telephone consultation and speak to one of our qualified US attorneys.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
