The Potential Government Shutdown and Its Impact on Immigration

As the possibility of a government shutdown looms, it is important for U.S. employers, foreign nationals, and immigration professionals to understand the potential disruptions to immigration processes.  A government shutdown occurs when Congress fails to pass funding bills, leading to a temporary closure of non-essential government operations.  Below, we explain how a shutdown could affect immigration-related services and what you should do to prepare.

Impact on Various Immigration Agencies and Services

1. Office of Foreign Labor Certification (OFLC):
In the event of a government shutdown, the OFLC would cease processing all applications, including Labor Condition Applications (LCAs) and PERM filings.  Additionally, personnel would not be available to respond to emails or other inquiries, and OFLC’s web-based FLAG system would be inaccessible.  BALCA dockets would be placed on hold.

2. Immigration and Customs Enforcement (ICE):
While ICE Enforcement and Removal Operations (ERO) can generally continue, the Office of Principal Legal Advisor (OPLA) will prioritize detained immigration court dockets during a shutdown.  The ICE Student and Exchange Visitor Program (SEVP) offices, which are fee-funded, should remain unaffected.  Employers should continue to be able to access clients in custody via regular means such as scheduling phone calls and visitation.

3. Department of State (DOS):
Visa and passport operations are typically fee-funded, so these services should remain operational during a shutdown.  However, consular operations could be impacted if there are insufficient fees to support operations at specific posts. In that case, posts will generally handle only diplomatic visas and "life or death" emergencies.

4. Customs and Border Protection (CBP):
CBP is considered an essential service, so ports of entry should remain open, and passenger processing will continue.  However, processing of applications filed at the border could be delayed or impacted.
​
5. United States Citizenship and Immigration Services (USCIS):
USCIS is a fee-funded agency, which means that most of its operations should continue during a shutdown.  However, programs that rely on appropriated funds, such as E-Verify, the EB-5 Immigrant Investor Regional Center Program, Conrad 30 J-1 doctors, and non-minister religious workers, may be suspended or impacted.  There is also concern for the payment system used for H-1B registrations.  

What Employers and Foreign Nationals Should Do Now

• Prepare for Delays: While USCIS and other fee-funded agencies may continue their operations, delays in processing applications or responding to inquiries could still occur.
• Stay Informed: Stay up to date on the status of immigration agencies and programs. If you are impacted by a government shutdown, be proactive in gathering the necessary documentation to explain any delays once services resume.

At the Law Office of Julia L. Stommes, we are committed to helping you navigate the potential challenges posed by a government shutdown.  We will continue to monitor the situation closely and provide timely updates to ensure your immigration needs are met.

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
​
The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].