During a federal government shutdown, many federal employees are furloughed, and only “essential” functions continue. Immigration services are affected in different ways depending on how each agency is funded. Below is an overview of what to expect, based on prior shutdowns and current information.
Because USCIS is primarily funded by filing fees, most services are expected to continue uninterrupted. Applications, petitions, biometrics, and interviews are expected to proceed.
However, some programs that rely on government appropriations may experience issues:
The Office of Foreign Labor Certification (OFLC) will close during a shutdown. This means:
Because H-1B, H-1B1, and E-3 petitions require certified LCAs, employers with upcoming filings should submit them before September 30 to avoid delays. Similarly, employers in the PERM process should file as soon as possible to avoid missing deadlines. OFLC has sometimes issued guidance on flexibility after shutdowns, but none has been announced yet.
Visa and passport services are largely fee-funded and usually continue during a shutdown. That said, U.S. consulates abroad can be impacted when there are insufficient funds to support operations at a particular post in general. In those situations, the post may limit operations to “life or death” emergencies and diplomatic visas. Applicants should carefully monitor the consulate’s website where they plan to apply.
Ports of entry remain open, and inspection and enforcement personnel are considered essential. Travelers with valid visas should still be able to enter the United States. However, applications filed at the border — such as TNs for Canadian nationals — may face delays depending on staffing.
ICE Enforcement and Removal Operations (ERO) will continue. Government attorneys from the Office of Principal Legal Advisor (OPLA) will focus on detained dockets during the shutdown. The Student and Exchange Visitor Program (SEVP) will remain operational because it is funded by fees. Attorneys should still be able to access detained clients through phone calls and visits.
Immigration court cases involving detained and non-detained individuals will continue. In addition, credible fear reviews and Family Expedited Removal Management (FERM) cases are likely to continue as “essential.”
Some congressional offices may be closed or short-staffed during a shutdown. Constituents should check directly with their representatives or senators for case assistance.
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