As of today, Congress and President Biden have yet to finalize the essential spending bills to fund the U.S. government beyond September 30, 2023. If an agreement or temporary resolution isn't reached, a government shutdown will commence on October 1, 2023.
Here's a breakdown of how key immigration-related agencies would be affected:
1️⃣ USCIS (U.S. Citizenship and Immigration Services):
USCIS is primarily funded by fees, enabling most petitions and applications to be filed and processed despite a government shutdown. However, specific programs relying on appropriated funds, such as E-verify, EB-5 Regional Center Program, Conrad 30 J-1 doctors, and non-minister religious workers, would be temporarily suspended.
2️⃣ DOS (U.S. Department of State):
As another fee-funded agency, DOS would continue to provide services like visa and passport issuance.
3️⃣ CBP (U.S. Customs and Border Protection):
CBP personnel are designated as essential, ensuring that U.S. ports of entry remain operational for passenger processing.
4️⃣ ICE (U.S. Immigration and Customs Enforcement):
Enforcement and removal operations by ICE would continue, and the ICE Student and Exchange Visitor Program (SEVP) remains unaffected due to its fee-funded nature.
5️⃣ DOL (U.S. Department of Labor):
OFLC (Office of Foreign Labor Certification) activities would pause during a government shutdown, affecting application processing and inquiries. Online systems like FLAG and PERM would be inaccessible, impacting LCAs and PERM labor certifications necessary for H-1B, H-
1B1, E-3, and PERM Labor Certifications.
6️⃣ USCIS Ombudsman:
USCIS Ombudsman services will be temporarily unavailable during a shutdown, affecting the handling of problem cases beyond regular processing times.
7️⃣ EOIR (Executive Office for Immigration Review):
Immigration court cases on the detained docket would proceed, while non-detained docket cases would be rescheduled once funding resumes.
While many agencies will remain operational, past shutdowns have shown us that processing times will likely be delayed across the board. However, the most significant impact will be on U.S. employers sponsoring foreign nationals, especially in H-1B, H-1B1, E-3 categories, and those supporting permanent residency via the PERM Labor Certification process. Stay informed and prepared for potential disruptions in processing timelines.
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