The current government shutdown raises questions on the next steps of immigration procedures. Certain agencies are closed until the government re-opens. Here’s what employers and foreign workers should expect from immigration services until the shutdown ends.

Visa Processing

Certain agencies are still open, even if they operate at a reduced rate. Visa processing in these agencies will continue. Still operational immigration agencies include:

• U.S. Citizenship and Immigration Services (“USCIS”)
  • USCIS will be open, due to getting most of its funding from fees.
• U.S. Department of State (“DOS”)
  • Oversees visa operations continue at consulates worldwide.
• U.S. Department of Labor (“DOL”)
  • Processing for pending Labor Condition Applications (LCA)s, Applications for Prevailing Wage Determinations, and Applications for Permanent Employment Certification (PERM) resumes once the shutdown ends. The DOL’s online filing is down too.

Whether visa services are available depends on what department manages them. Processing for the H-1B visa itself continues because USCIS is still open. However processing for required supplementary documents, like LCAs, is unavailable because the Department of Labor’s closed. Employers can mail new applications to the DOL, but DOL can’t accept them.

Immigration Enforcement

Due to their essential status, immigration enforcement agencies remain open. This status applies to:

• U.S. Customs and Border Protection (“CBP”)
  • All enforcement operations, especially at U.S. ports of entry, remain active.
• Immigration and Customs Enforcement (“ICE”)
  • Enforcement operations continue as normal. Programs managed by ICE, like the Student and Exchange Visitor Program (SEVP), remain active too.
• Executive Office of Immigration Review (“EOIR”)
  • Until the shutdown ends, hearings for detained individuals take precedent over individuals that are not.

There’s no reason employers shouldn’t anticipate immigration enforcement operations during the government shutdown. The only impact the shutdown has on agencies like ICE is increased wait times.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, we’re with you every step of the way.