The U.S. government’s funding expires on September 30, 2023. If Congress does not pass a funding bill by then, a government shutdown is possible on October 1, 2023.

Congress has not yet finalized any of the 12 annual appropriations bills. It is likely that a temporary stopgap funding measure will be needed to avoid a shutdown. However, there is a gap between the House and the Senate on how to approach the shutdown.

The House is focused on reducing overall spending levels, addressing border security, and some members are demanding a vote on an impeachment inquiry of President Biden. The Senate, on the other hand, is making progress. They have three of the 12 appropriations bills scheduled for a vote this week. Senate leaders are actively urging the House to take a more bipartisan approach to avoid a shutdown.

If the government is not funded by October 1, 2023, the Office of Management and Budget (OMB) determines which federal agencies are essential and will continue to operate, even during a shutdown. Essential services, such as border patrol, will continue to operate, but without pay. Social Security and Medicare benefits will also continue.

In general, USCIS is not significantly impacted by government shutdowns. USCIS is funded by fees, so it can continue to operate without interruption. However, some other aspects of immigration are affected. For example, the Department of Labor (DOL) will not operate during a shutdown, which means that the FLAG and PERM systems will be inaccessible. This will prevent the filing of Labor Condition Applications (LCAs) for H-1B, H-1B1, and E-3 petitions.

If a government shutdown does occur, it is important to be aware of the potential impact on your immigration case. If you have any questions, please contact us. We anticipate potential issues our client may face and work with them to maximize their odds of reaching their U.S. immigration goals. We are with you every step of the way.