With the possibility of a federal government shutdown, many immigrants, employers, and families are left wondering how immigration processes may be disrupted. While some immigration agencies operate on fee-based funding and continue functioning, others may scale back or suspend services until Congress passes a new appropriations bill.
Here is an overview of what typically happens during a shutdown and what applicants should keep in mind.
USCIS
- Generally remains open. USCIS is fee-funded, so most services continue even during a shutdown.
- Programs affected:Â Certain initiatives that depend on appropriated funds, such as the EB-5 Regional Center Program and the Conrad 30 waiver program for J-1 doctors, may be impacted.
- E-Verify:Â In prior shutdowns, E-Verify was unavailable, creating challenges for employers completing I-9 verification. Employers should be prepared for possible delays if E-Verify is suspended again.
Department of State (DOS)
- Visa and passport services usually continue since they are also fee-funded.
- However, operations at embassies and consulates may slow down if staffing or resources are limited. Priority is generally given to urgent cases, including diplomatic needs and life-or-death emergencies.
Customs and Border Protection (CBP)
- Ports of entry remain open, as inspection and enforcement staff are deemed essential.
- Travelers may still face delays at the border, and application processing may move more slowly.
Immigration and Customs Enforcement (ICE)
- Enforcement continues. ICE removal operations generally remain active.
- Legal staff may still appear in court on behalf of the government in detained cases, though some non-detained case work could be delayed.
Immigration Courts (EOIR)
- Detained docket cases continue. Immigration judges will hear cases involving detained individuals.
- Non-detained docket cases may be reset. Once funding resumes, courts issue new hearing notices for these matters.
Department of Labor (DOL)
- Most impacted. DOL’s Office of Foreign Labor Certification (OFLC) would stop processing applications, including PERM labor certifications and prevailing wage requests.
- The FLAG system would be inaccessible, halting new filings until funding is restored.
- Employers facing deadlines should file as early as possible to avoid complications.
NPZ Guidance
While a shutdown does not halt all immigration functions, it can create confusion and delays. Employers, foreign nationals, and families should plan ahead, stay in communication with legal counsel, and closely monitor agency announcements.
At NPZ Law Group, we guide clients through complex immigration challenges, including shutdown-related disruptions. If you have questions about how a shutdown could affect your case or business, contact our team for assistance.
Frequently Asked Questions (FAQ)
1. Will USCIS stop accepting applications during a shutdown?
No. USCIS is fee-funded and will continue processing most applications, though some special programs could be impacted.
2. What happens to E-Verify?
E-Verify has historically been suspended during shutdowns, which can delay employer I-9 verification processes.
3. Will consulates abroad still issue visas?
Yes, but services may be limited if resources are strained. Only urgent cases are prioritized.
4. Do immigration courts stay open?
Detained cases move forward, but hearings for non-detained individuals are generally postponed and rescheduled later.
5. What should employers do to prepare?
File labor certifications and prevailing wage requests early, anticipate possible E-Verify delays, and consult legal counsel about compliance steps.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.