Business Immigration Insights

Congress was unable to avert the first government shutdown in six years as the clock struck midnight last night raising questions from companies and individuals about the impact on US immigration operations. The US Citizenship and Immigration Services (USCIS) updated its web page yesterday indicating that all offices remain open (except for a few that have temporary closures unrelated to the shutdown). Other agencies are not as forthcoming with information, but based on agency responses during prior shutdowns, we expect them to be consistent during the current one. While essential employees will continue to work at some agencies, we anticipate some interruptions with the US immigration process as follows:

• USCIS: USCIS is funded by application fees instead of taxpayer dollars so it will continue its normal operations: processing of visa petitions and applications, conducting biometrics appointments at Application Support Centers, and conducting scheduled interviews at district offices. Individuals should attend scheduled appointments, and applications and petitions will continue to be processed as usual, including DACA renewal applications. Certain programs will be suspended until funding resumes, including E-Verify. E-Verify submissions should be made as soon as possible once federal funding is restored.
• Customs and Border Protection (CBP): Inspections at airports and other ports of entry will not be affected. However, processing of applications by Canadian citizens under USMCA may be delayed or interrupted. Those seeking to submit TN or L-1 petitions at ports of entry should allot additional time for their interviews. If possible, contact the specific port of entry in advance to confirm it is still able to review petitions.
• Immigration and Customs Enforcement (ICE): Enforcement will continue, including I-9 investigations. Student and Exchange Visitor programs (i.e., F-1 and J-1 under SEVIS) are also unaffected because they are funded by application fees.
• Department of Labor (DOL): DOL applications are not funded by user fees so the processing of PERM applications (required for some permanent resident petitions) and Labor Condition applications (LCAs) (required for H-1B, H-1B1, and E-3 petitions) will stop during the shutdown. This has a direct impact on companies that are attempting to meet PERM filing deadlines. Cap-exempt H-1B petitions, H-1B extensions and change of employer cases, H-1B1 applications for those from Chile and Singapore, and E-3 visa applications for those from Australia cannot proceed without certified LCAs.
• Department of State (DOS): Passport and visa processing are funded by application fees, and therefore should not be affected, at least initially. However, the facilities and personnel needed to maintain passport and consular operations are impacted by the lack of federal funds. If the shutdown continues for more than a few weeks, we may see a degradation of US passport and consular visa processing. Applicants for nonimmigrant and immigrant visas at US embassies and consulates abroad should attend their appointments as scheduled unless notified of cancellation.

If the current shutdown continues and/or if any of the above information changes, we will provide updates.