DOES A FEDERAL GOVERNMENT SHUTDOWN AFFECT EMPLOYMENT-BASED IMMIGRATION?

If Congress is unable to agree on a funding bill by December 21, 2018, several key Federal agencies will be forced to close. The potential shutdown could affect certain sponsored employees with pending immigration cases, as well as cases in the process of being filed. In the event of a shutdown, many government agencies involved with the immigration process are expected to remain open, but some services will be suspended or are expected to reduce staff, which could lead to processing delays.

U.S. Citizenship and Immigration Services (USCIS) is a fee-funded agency, so USCIS offices will remain open and applicants should attend interviews and appointments as scheduled. Nonimmigrant and immigrant visa petitions will continue to be processed, but a reduction in personnel may affect processing times. Additionally, certain USCIS programs will be suspended until they receive funding or reauthorization from Congress, notably the E-Verify program.

The U.S. Department of State (DOS) will continue to process non-immigrant and immigrant visa applications at U.S. consular posts abroad, provided there are sufficient fees to support operations. Certain passport offices will remain open, but processing delays are likely.

The U.S. Department of Labor (DOL) has already been funded for fiscal year 2019. There should not be an effect on PERM labor certification applications, prevailing wage requests, and Labor Condition Application processing times.

The Federal government considers inspection and law enforcement personnel at U.S. Customs and Border Protection (CBP) to be “essential” employees. Ports of entry will remain open, allowing travelers to apply for entry and be admitted into the United States. However, it is possible that processing of applications filed at the border may be impacted, such as TN applications.

U.S. Immigration and Customs Enforcement (ICE) will continue its enforcement and removal operations, however, ICE attorneys are likely to focus on the detained docket during a shutdown. The ICE Student and Exchange Visitor Program (SEVP) offices, which monitor F-1 student visas, are funded by fees and will not be impacted.

We will continue to monitor the situation very closely and provide updates as soon as new information is available. For additional information about the Federal government shutdown or general immigration issues, please contact Vinh Duong at 615.850.8936 or Nora Katz at 615.850.8730.