The government shutdown will halt some immigration-related government operations and services but not others. The U.S. Department of Labor, which oversees the foreign labor certification process, will cease its operations, resulting in the online portal (FLAG) going offline. As such, the agency will stop adjudication of Labor Condition Applications for H-1B petitions and labor certifications (PERMs). Additionally, cases pending with the Board of Alien Labor Certification Appeals (BALCA) and Office of Administrative Law Judges (OALJ) will be paused.
On the other hand, U.S. Citizenship and Immigration Services (USCIS), which primarily handles immigration benefits, will continue operating during the shutdown, as it is largely fee-funded. However, it is important to note that the compliance tool E-Verify will not be available for employers during the shutdown. As of now, the Department of State will continue consular operations, including U.S. visa issuance at consulates and embassies abroad. While operations should continue and individuals with scheduled immigrant or nonimmigrant visa appointments should plan to attend, there is the possibility of delays in response to non-urgent matters and of slower application processing. If the shutdown continues, consular visa issuance may be restricted to diplomatic visas and emergency situations.
Regarding U.S. Customs and Border Protection (CBP), most U.S. ports of entry will remain operational, and the processing of passengers and goods will continue. However, delays in border-filed applications are to be expected. For U.S. Immigration and Customs Enforcement (ICE), domestic immigration enforcement will proceed as usual, and the Student and Exchange Visitor Program (SEVP) will most likely remain unaffected.
Lastly, congressional liaison services with various immigration agencies may also experience disruptions. Constituents should check the availability of their congressional offices directly, as some may close.
Immigration Project Manager Amy Hilton Schuler contributed to this alert.
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