If Congress cannot pass a funding bill by April 27, 2017, only “essential” government workers will continue to work as of May 1 and immigration processes will be affected.

Department of Labor: H Petitions and PERMs

DOL workers are not classified as “essential” workers:

• iCERT visa portal system will be inaccessible;
• Labor Condition Applications (LCAs) will not be processed;
• Prevailing Wage Requests will not be processed;
• PERM 9089 Forms for permanent labor certification will not be processed; and
• Audit responses will not be processed.

It is not clear whether any of these applications would be accepted or considered to be timely filed if hard copies are mailed to the DOL.

USCIS

Since the USCIS is user-funded, employees will not be furloughed and applications would continue to be processed.

• H-1B filings, however, will be affected because LCAs will not be processed.
• Expect the USCIS to advise as to whether some H petitions will be accepted without certified LCAs.

E-Verify will be inaccessible.

• Employers will still need to complete Form I-9s in a timely fashion and create E-Verify cases later.
• Expect the USCIS to advise regarding the “three day rule” and whether the due date for Tentative Non-Confirmation Process responses will be extended.

Customs and Border Protection

• CBP officers are “essential” employees, but visa applications at ports of entry or at pre-inspection locations could be affected.

Visa Issuance at Consulate’s Abroad

• Consular Processing should not be immediately affected.

Department of Justice

• Immigrant and Employee Rights section attorneys would be furloughed, shutting down investigations of workplace discrimination temporarily.

We will continue to provide updates as they become available. You should consult your Jackson Lewis attorney regarding the timing of filings.