Is visa processing stopped during the government shutdown?

No. Many visa-related services continue during a government shutdown because they are funded by application fees. USCIS and U.S. embassies and consulates generally continue processing cases, though delays are possible.

Are visa interviews still happening at U.S. embassies and consulates?

In most cases, yes. Visa interviews typically continue during a shutdown, but some locations may reduce appointment availability or experience longer processing times.

Can employers file LCAs during the shutdown?

No. The Department of Labor does not process Labor Condition Applications (LCAs) during a government shutdown. New LCAs cannot be filed or certified until funding is restored.

Which visa types are most affected by the shutdown?

Employment-based visas that require Department of Labor approvals—such as H-1B, H-1B1, and E-3 visas—are most affected. Green card processes involving labor certification may also be delayed.

If I already have an approved LCA, can my case continue?

Yes. If your LCA was certified before the shutdown, USCIS or consular processing can generally continue, as long as no new or amended LCA is required.

Will there be delays even after the government reopens?

Possibly. Government shutdowns sometimes create backlogs, and processing times may remain slower for several weeks after agencies resume full operations.

2026 Government Shutdown: What Visa Applicants and Employers Should Know

Key Takeaways

On January 31, 2026, the U.S. government entered a partial shutdown after Congress failed to pass all required funding bills, affecting agencies involved in immigration and work visas.
Congress is negotiating a funding agreement and has signaled a possible vote as early as Tuesday, but there is no confirmed end date.
USCIS and U.S. embassies and consulates generally remain open, so visa applications and interviews are moving forward, though future delays are possible.
Department of Labor processing may pause, which means employers cannot file or receive LCAs, prevailing wage determinations, or PERM approvals during the shutdown.

What’s Happening Right Now

On January 31, 2026, at 12:01 a.m. ET, the United States entered a partial federal government shutdown after Congress did not pass all required appropriations bills before the funding deadline.

As a result, several federal agencies reduced or paused operations, including agencies involved in immigration and employment-based visa processing. These include the Department of Homeland Security (DHS), Department of Labor (DOL), Department of Defense (DOD), Health and Human Services (HHS), Transportation, and Housing and Urban Development (HUD).

Why the Shutdown Happened

Each fiscal year, Congress must pass 12 appropriations bills to fund the federal government. Lawmakers passed six of those bills but did not finalize the rest before the January 30, 2026 deadline.

Disagreements related to DHS funding, particularly immigration enforcement provisions, delayed final approval. Although lawmakers considered a short-term funding extension for DHS, the House did not vote on it before funding expired.

What to Expect Next

Congress is back in session Monday, February 2, and actively negotiating a funding agreement. House leadership has stated that a vote could take place early this week, which could bring the shutdown to an end.

The Senate has already passed a funding package that would reopen most federal agencies and provide a temporary two-week extension of DHS funding. Until the House approves a funding measure, the shutdown will remain in effect.

How the Shutdown Affects Visa Processing

How a shutdown affects immigration depends on which agency is involved and how it is funded. Some services continue, while others stop completely.

Visa Interviews and USCIS Filings Generally Continue

USCIS is generally not affected by a government shutdown because it is primarily funded by application fees, rather than congressional appropriations. However, employment-based filings that depend on Department of Labor approvals, such as H-1B cases requiring a new or amended Labor Condition Application—may be delayed.
U.S. embassies and consulates abroad also usually continue holding visa interviews and processing applications.

That said, processing may slow due to staffing limitations, reduced support from other agencies, or backlogs that develop during the shutdown.

Department of Labor Processing May Pause

One of the most significant impacts of the shutdown is on the Department of Labor (DOL), which does not continue normal operations during a funding lapse.

As a result:

Labor Condition Applications (LCAs) cannot be filed or certified.
Prevailing wage determinations and PERM labor certification processing are paused.
The DOL’s online systems used for these filings are typically unavailable.

Because a certified LCA is required before filing many employment-based visa petitions (including H-1B, H-1B1, and E-3), new filings that depend on DOL approval cannot move forward until the shutdown ends.

Additional Delays May Follow

Even if USCIS or consulates are open, many cases depend on multiple agencies. Background checks, security reviews, and employment verification may take longer if other agencies are operating with limited staff.

In addition:

E-Verify may be unavailable
Cases that need new or amended LCAs (such as job location changes or extensions) may be delayed

What Visa Applicants and Employers Should Know

For visa applicants:

If you already have a visa interview scheduled, it will likely proceed, but delays in issuance are possible.
If your case depends on a new or amended LCA, your timeline may be affected until DOL operations resume.

For employers:

New hires requiring LCAs or labor certifications may face start-date delays.
Employers should monitor expiration dates carefully and file extensions as early as possible when DOL processing is available.
Compliance obligations remain in effect, even if verification systems are temporarily offline.

Looking Ahead

Ellis helps individuals and employers file immigration cases and provides legal guidance on strategy, timing, and next steps. If you have any questions, get in touch today.