Immigration Implications of Government Shutdown 2018

January 20, 2018
Beata Leja

As of today, January 20, 2018, many aspects of the United States government have shut down because Congress cannot agree on a budget for continued spending, largely because of a stalemate on many important issues, including providing a path to legal status for those with Deferred Action for Childhood Arrivals (DACA or “dreamers,”) and extending the Children’s Health Insurance Program. Effective immediately, many government offices have closed, or remain open but only to perform limited essential functions. This federal shutdown impacts our country’s immigration system in the following ways:

Department of Labor (“DOL”):  The DOL is not accepting or processing any applications during the shutdown, including Labor Condition Applications (“LCA”), applications for prevailing wage determinations, applications for PERM applications and PERM audit responses.  This means that employers may experience delays in filing new and extension petitions for H-1B, H-1B1 and E-3 employees, PERM recruitment may be delayed if the employer is waiting for a prevailing wage, and that PERM applications cannot be filed online. Employers who must file a PERM during the shutdown, or risk the recruitment going stale, should file the application by mail.

Customs & Border Protection (“CBP”): The CBP will remain completely operational, meaning that airports, seaports, and other ports of entry to the U.S. will continue to be fully staffed, but the CBP website will not be maintained during the shutdown. As a result, individuals may experience issues in retrieving their I-94 records on the CBP website.

U.S. Citizenship & Immigration Services (“USCIS):  All USCIS offices are open and individuals should appear for their interviews and appointments as scheduled (ex. biometrics appointments, adjustment of status interviews, naturalization interviews, Infopass appointments, etc.) The USCIS offices remain open because their services are funded by the fees paid by applicants for immigration benefits. E-Verify, however, is currently unavailable due to the government shutdown and cannot be utilized at this time in the employment verification process. Additionally, the USCIS Ombudsman’s office is closed and has stopped accepting new requests for assistance, and stopped processing pending requests for assistance.

Department of State (“DOS”):   The DOS, which operates the U.S. Embassies and Consulates abroad, will attempt to remain as functional as necessary, but there will be delays in the processing of visa applications and in scheduling visa appointments.

Executive Office for Immigration Review (“EOIR”): The EOIR, which operates the immigration courts in the U.S., has furloughed all non-essential personnel, meaning most scheduled court hearings (ex. Master Calendar, Individual Hearing, etc.) will not take place during the shutdown and will be rescheduled. Cases involving individuals currently detained in custody are considered essential and hearings will proceed as scheduled. Additionally, the Board of Immigration Appeals (BIA) will only process emergency stay requests and well as cases involving a detained individual, but all other processing will be delayed.

Immigration & Customs Enforcement (“ICE”): ICE’s detention and enforcement operations will continue during the shutdown

We will communicate further updates regarding the impact of the shutdown on immigration as they become available.

The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

© 2023 Minsky, McCormick & Hallagan, P.C. All rights reserved. Information may not be reproduced, displayed, modified, or distributed without the express prior written permission of Minsky, McCormick & Hallagan, P.C.

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