The U.S. government has officially entered a shutdown after Congress failed to reach a funding deal, triggering furloughs for hundreds of thousands of federal workers. While not all agencies close, many functions pause or slow down. Here’s what immigrants, families, and employers need to know.
What Continues as Normal
- USCIS processing – Applications for green cards, naturalization, and work permits continue. USCIS is fee-funded, so operations remain open.
- Customs & Border Protection (CBP) – Ports of entry stay open, inspections continue, but border-filed applications may face delays.
- Consular services – Visa and passport operations at U.S. embassies/consulates remain open (fee-funded), though some posts may see delays.
What May Be Disrupted
- Department of Labor (DOL) – LCAs and PERM certifications (needed for H-1B and green cards) may halt. Pending cases will pause until systems reopen.
- E-Verify – Typically shuts down during funding lapses. Employers must complete I-9s within 3 days and finalize E-Verify later.
- Consular services long-term – If prolonged, embassies may scale back to emergencies only.
Immigration Courts & Enforcement
- Immigration courts (EOIR) – Detained hearings continue; non-detained cases are postponed.
- ICE & SEVP – Remain open; SEVP is fee-funded.
How Long Could This Last?
- Past shutdowns: 35 days (2018–2019), 16 days (2013), others just a few days.
- Short shutdowns = minimal disruption; longer shutdowns = backlogs, especially for DOL filings.
What You Can Do Now
For immigrants & families:
- Keep attending USCIS biometrics and interviews unless canceled.
- Monitor embassy websites for visa updates.
- Check EOIR’s website daily if you have a court date and are not detained.
For employers:
- Download uncertified LCAs before DOL systems go offline.
- Prep H-1B/E-3/PERM filings now to submit once systems reopen.
- Complete I-9s on time; add E-Verify later when back online.
Bottom Line: Most immigration processes (green cards, naturalization, work permits) continue. The biggest impact is on employer filings that depend on the Department of Labor.
II. New I-94 and ESTA Fees for Travelers
At the start of FY 2026 (Sept. 30, 2025), new fees took effect for travelers. These apply at land borders, through the Visa Waiver Program, and for Chinese nationals using EVUS.
What’s Changing
- I-94 (land border only) – from $6 → $30
- ESTA (Visa Waiver Program) – from $21 → $40 (valid 2 years)
- EVUS (for Chinese B1/B2 holders) – from free → $30
All three fees will increase annually with inflation starting FY 2026.
Impacts for Travelers
- Land border entries (e.g., TN visa holders) are now $30 per trip.
- ESTA nearly doubled; those who applied before Sept. 30 locked in $21 for 2 years.
- EVUS now carries a $30 cost.
Implications for Employers
- Higher travel costs for frequent border crossers.
- HR/mobility teams should update onboarding/travel instructions.
- Budgets must adjust for recurring I-94 and ESTA costs.
- Encourage early ESTA applications before future fee hikes.
Action Items
- Audit travel plans for impacted employees.
- Update travel and onboarding guidance.
- Budget for recurring I-94/ESTA fees.
- Encourage staff to apply early for ESTA.
- Monitor annual CPI-based fee increases.