How a Government Shutdown Will Affect Immigration

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Possibilities are brewing for a partial U.S. Government shutdown starting December 22 over the issue of funding "The Wall" after a very public contentious White House meeting yesterday. What is the potential immigration effect?

  • Labor Department (PERMs, LCA for H-1B, H-2B, etc.). The Department is already funded for this fiscal year (uniquely). No effect.
  • USCIS (most immigration benefit requests). This is a fee funded agency. Very little effect.
  • State Department. Consular visa functions are fee funded, so there should be little effect. A protracted shutdown could undercut supporting consular facilities and services and could slow or interrupt visa interviews and issuance and interrupt people's return to USA, so beware.
  • DOJ (immigration courts). Could shut down.
  • Ports of entry. Should continue unaffected.
  • ICE (enforcement). Critical functions continue, but generally reduced.
  • Programs expiring: E-Verify, EB-5 regional center filings, non-minister religious worker permanent category, J-1 physician waivers. Affected on a delay.

With hope, a shutdown will be averted or will not last long. Return from international travel needing a new visa is the biggest risk, especially if a shutdown drags on.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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