The Government Shutdown and What It Means for the H-2 Workforce Pipeline

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Resume of the Situation

The U.S. federal government has been in a shutdown since October 1, 2025, following Congress’s failure to pass full‑year appropriations for the 2026 fiscal year. During a shutdown, many federal agencies suspend non‑essential operations, furlough employees, or shift to “excepted” operations under contingency plans.

Why H‑2A / H‑2B Employers Need to Pay Attention

For companies in the temporary foreign‑worker space (especially agricultural, seasonal non‑farm, and related staffing), the shutdown poses unique risks and operational concerns:

1. Processing Resumed, But Under a Contingency Plan – The U.S. Department of Labor (DOL), through its Office of Foreign Labor Certification (OFLC), has announced that it is accepting applications again for labor certifications, LCAs, prevailing wage determinations, and certifications for the H‑2A and H‑2B programs — despite the government still being shut down.

2. Backlog Risk and Uncertainty – Because the shutdown halted many operations, filings may now encounter longer processing times. Employers should plan with extra buffer time and expect possible delays.

3. Differentiated Impact – The resumption covers the H‑2A and H‑2B certification pipelines—but not all immigration‑related processes are fully back online. Some programs like H‑1B are still partially paused.

4. Still a Shutdown – Even though DOL is processing some applications, the broader shutdown means many other federal functions are operating on contingency plans or fee‑funding rules. Expect slower responses and possible bottlenecks.

On‑the‑Ground Implications for H‑2 Employers

Here are what these shifts mean practically for companies using H‑2A/H‑2B workers:

- File early, expect delays.
- Audit your pipeline.
- Communication is critical.
- Document everything.
- Watch for policy changes or guidance.

What to Do Now — A Checklist for H‑2 Employers

• Confirm that your existing H‑2A/H‑2B filings are active or in process.
• If you haven’t started recruitment or filing yet for an upcoming season, proceed—but build extra time margin.
• Review recruitment time frames and watch for new DOL guidance.
• Communicate with your immigration counsel or HR/legal partner.
• Prepare contingency plans for delayed certifications.

Why This Matters for the Broader Temporary‑Worker Industry

Given the role that H‑2A (agricultural) and H‑2B (seasonal non‑agricultural) play in staffing short‑term labor needs, delays or disruptions in these programs can ripple across industries, causing labor shortages, higher costs, and compliance risks.

Final Thought

Even though the U.S. federal government is still technically shut down, the fact that DOL’s OFLC has resumed operations for H‑2A and H‑2B filings is a positive sign for employers relying on those programs. But this is not business as usual — reduced agency capacity, backlog risk, and uncertainty make it essential to plan ahead and stay proactive.

Further Reading

For official updates on labor certifications and temporary worker programs during the ongoing government shutdown, visit the U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) page:

👉 U.S. Department of Labor – Foreign Labor Programs

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