On January 20, 2018, the US Government formally shutdown pending approval of a federal spending bill by Congress. Though it appears Congress is working towards passage of a stop gap spending bill, in the interim, the shutdown is expected to impact immigration petitions and applications and, in some cases, delay the ability to file for benefits.
Citizenship & Immigration Services
US Citizenship & Immigration Services (USCIS) is funded almost exclusively through the payment of filing fees with every Petition. As a result, the agency will continue to accept Petitions and Applications during the shutdown. This includes submission of DACA renewal applications.
One USCIS program that is not fee-funded is E-Verify, which means that during the shutdown, E-Verify will be unavailable to employers. Accounts will not be accessible and employers will not be able to create E-Verify cases, view or take action on any case, add, delete or edit user accounts, edit company information, create or terminate accounts, or run reports. Additionally, E-Verify Customer Support and related services will be closed. USCIS will accordingly suspend the “three-day rule” for entry of E-Verify information as well as the time allotted to resolve Tentative Non-Confirmations (TNCs) in the system.
Department of State
The US Department of State (DOS) will continue to process visa and passport applications, as these are also funded through payment of filing fees. DOS will monitor funds closely and will prioritize visa processing for diplomats and “life or death” emergencies first if funding becomes an issue.
Department of Labor
The US Department of Labor (DOL) will cease receiving and processing applications during the shutdown. Additionally, personnel will be unavailable to respond to email and other inquiries. The Office of Foreign Labor Certification’s web-based systems will also be down during this time, including access to the iCERT and PERM portals, which may delay eligibility to submit USCIS petitions and applications. Further, the entire Board of Alien Labor Certification Appeals (BALCA) docket will be placed on hold.
Customs and Border Protection
Customs and Border Protection (CBP) personnel are considered “essential” to the operation of the US Government so all ports of entry will remain open. However, processing of applications at these ports of entry may be negatively impacted.
Immigration & Customs Enforcement
Immigration and Customs Enforcement (ICE) will continue its detention and removal operations and place emphasis on its detained docket during the shutdown. The Student and Exchange Visitor Program (SEVP) will remain up and running since it is a fee-funded program.
Executive Office for Immigration Review
The Executive Office for Immigration Review (EOIR) is considered an essential function and therefore will continue to accept court filings. The EOIR will focus on its detained docket during the shutdown, but will accept filings for non-detained cases, as well. Additionally, come courts are rescheduling non-detained cases at this time.
CIS Ombudsman
The Department of Homeland Security office of the CIS Ombudsman will be closed for the duration of the shutdown and will not accept any inquiries or provide online access to its intake system.
Strasburger will continue to monitor the status of the government shutdown and its impact on all agencies involved in the processing of immigration applications and petitions.
