Congress did not pass a measure to fund the federal government by the Sept. 30 funding expiration date, resulting in a partial government shutdown that began at 12:01 a.m. Oct. 1. While many immigration services are funded by filing fees and may not be directly affected, some will come to a halt during the shutdown, including immigration functions at the Department of Labor.

Following is a summary of immigration agencies and services that will likely be impacted:

Department of Labor: The DOL is expected to suspend operation of its immigration functions. This means the department’s Office of Foreign Labor Certification will stop accepting and processing immigration-related applications, including PERM applications, labor condition applications, applications for prevailing wage determinations and temporary employment certifications.

U.S. Citizenship and Immigration Services: USCIS can continue processing immigration benefit applications, but delays should be expected, particularly if the shutdown is prolonged. The Department of Homeland Security has indicated the majority of USCIS employees would continue working in the event of a shutdown. However, filing of USCIS petitions that require documentation from the DOL may be subject to delays, as employers will be unable to obtain labor condition applications, which are a prerequisite to H-1B, H-1B1 and E-3 filings, including extensions of status and changes of employers in those categories. USCIS will continue to accept and process immigrant and nonimmigrant petitions, including adjustment of status (green card) applications.

State Department: The State Department can continue processing visas and passports, so long as funds are available. If other government agencies and offices that support consular processing are unable to maintain operations at any time during a shutdown, visa and passport processing could be impacted.

Immigration and Customs Enforcement: ICE is expected to continue to operate. ICE’s Student and Exchange Visitor Information System (SEVIS) should continue its normal operations.

Customs and Border Protection: CBP ports of entry will continue to operate. However, foreign nationals could experience delays.

E-Verify and other programs: Several programs will be unavailable until they are reauthorized by Congress, including E-Verify and E-Verify+. Employers will be unable to enroll in E-Verify, access or create E-Verify cases or resolve tentative non-confirmations. However, employers remain required to comply with all Form I-9 obligations, as the ability to complete the Form I-9 within the required timeframes is not affected by a shutdown. Employers will not be penalized for shutdown-related delays in E-Verify but will still be required to complete E-Verify cases as applicable when the system becomes available. Other programs that will be unavailable until they are reauthorized include the Conrad 30 waiver for J-1 physicians and the Special Immigrant Religious Workers program.

Additional Information: Congress will have to pass another bill or stopgap measure to reopen the federal government. BAL is closely monitoring events in Washington, D.C., and will continue to provide updates on developments.

This alert has been provided by the BAL U.S. Practice Group.

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