Possible Federal Government Shutdown Could Disrupt Immigration Processes and Services

As a federal shutdown looms, U.S. employers face immigration processing delays, potentially jeopardizing visa applications and crucial labor operations.

The threat of a federal government shutdown has become a recurring issue in the United States.

The last major shutdown lasted for thirty-five days, beginning in December 2018.

More recently, in September 2023, Congress narrowly skirted a looming shutdown at the last minute.

However, if no funding bill or temporary solution is passed by December 20, 2024, the government will shut down at precisely 12:01 a.m. Eastern Time on December 21.

Major Consequences of a Shutdown

The absence of federal funding could lead to significant disruptions, especially in immigration-related operations overseen by the U.S. Department of Labor.

Key processes including PERM certification, prevailing wage determinations, and labor condition applications (LCAs) might be suspended altogether.

Moreover, the E-Verify system, which helps confirm work eligibility for employees, is likely to become nonoperational during a government shutdown.

U.S. embassies abroad may also face considerable cutbacks in consular services related to immigration, further complicating matters due to the reduced capabilities of the U.S. Department of State.

While the possibility of a shutdown hangs in the balance, ongoing disagreements in Congress have left pressing issues unresolved.

Should the government shut down, U.S. employers can expect to encounter several challenges:

  • They may find it impossible to obtain certified labor condition applications (LCAs) for H-1B, H-1B1, and E-3 visa petitions.
  • The processing of PERM labor certifications and prevailing wage evaluations could come to an abrupt halt.
  • Foreign nationals may experience delays in securing employment-based visas from U.S. diplomatic missions, while E-Verify users may struggle to initiate new cases or address existing concerns.

Operational Impacts During a Shutdown

Despite these potential hurdles, U.S. Citizenship and Immigration Services (USCIS) is expected to remain operational, as it relies on fee-generated revenue.

However, delays in processing times are likely due to the widespread impact of a government shutdown.

On a more reassuring note, agencies crucial for national security, such as U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), will maintain their operations during any shutdown, safeguarding critical functions regardless of the circumstances.

Tips for Employers

To avoid the chaos of processing delays, employers might want to take proactive steps.

One effective approach could be to submit eligible cases to the Department of Labor before the midnight deadline on December 20, ensuring that their applications are filed ahead of a potential shutdown.

By planning ahead, employers can better navigate the uncertainty that lies ahead.

In summary, while the looming possibility of a federal government shutdown presents various challenges, especially in immigration matters, strategic planning can help alleviate some of the associated stress for employers.

Source: Natlawreview