Government Shutdown: What H-2A Employers Need to Know

Congress has not yet passed a federal budget for Fiscal Year 2026, and the government has officially shutdown as of October 1, 2025. We are optimistic that a deal will quickly be reached to get the government back online, but until that happens, this is what employers should expect: 

What is a government shutdown? 

A government shutdown occurs when Congress does not approve the funding bills necessary to keep federal agencies operating. Without approved funding, many agencies must suspend “non-essential” operations until a budget agreement is reached. The shutdown will end once a deal is reached to fund the government.

Impact on Agencies Involved in H-2A:

Department of Labor (DOL)

• The Office of Foreign Labor Certification (OFLC) would suspend all case processing.

• Systems such as FLAG and PERM would be unavailable.

• Applications—including H-2A job orders and labor certifications, H-2B certifications and prevailing wage determinations, as well as H-1B LCAs, and PERM filings—would not be accepted or processed until funding resumes.

U.S. Citizenship and Immigration Services (USCIS)

• USCIS is primarily fee-funded, so most operations will continue during a shutdown.

• Programs that rely on congressional appropriations (e.g., E-Verify, Conrad 30 J-1 doctors, and certain religious worker programs) may be temporarily suspended, but H-2A petitions should not be affected. 

• Form I-129 petitions and most H-2A and H-2B filings should continue without interruption.

Department of State (DOS)

• Visa and passport services are fee-funded and will generally continue.

• However, if fee revenue becomes insufficient at a specific consular post, operations may be severely limited. 

Customs and Border Protection (CBP)

• Inspection and law enforcement personnel are considered essential.

• Ports of entry will remain open, and passenger processing will continue.

• However, applications filed at the border may face delays.

Immigration Courts (EOIR)

• Detained docket cases will generally proceed, but non-detained docket cases will generally be postponed until after funding resumes, with new hearing notices issued.

Immigration and Customs Enforcement (ICE)

• Enforcement and removal operations will continue.

• ICE attorneys will generally focus on detained cases.

• The Student and Exchange Visitor Program (SEVP) will generally remain open, as it is fee-funded.

What this means for Seso clients

• DOL filings are the most vulnerable and critical area affected in the event of a government shutdown—H-2A job orders and labor certifications cannot be filed or processed until the government reopens. Everything will stay “on ice” until the shutdown ends.

• USCIS filings and consular processing will mostly proceed as usual, but programs tied to appropriated funds (such as E-Verify) could be disrupted.

• E-Verify - The system is not fee-funded and will be offline during the shutdown. 

Seso will continue to monitor developments and provide updates as soon as they are available. If you have a case in progress or an upcoming filing deadline, please contact your case manager to discuss contingency planning.