Congress’failure to establish a budget for Fiscal Year 2014 (start date, October 1,2013) has an impact on some areas of immigration. If you have any questions about how the governmentshutdown may impact your petitions, please contact Musillo Unkenholt.
United States Citizenshipand Immigration Services: USCIS operations continue despite the FederalGovernment shutdown, because fee-for-service activities performed by USCIS arenot affected by a lapse in annual appropriated funding. H-1B, L-1, I-140, and I-485 petitions and applicationsare expected to continue processing with little impact as a result of thefederal government’s shutdown.
All USCIS offices worldwide are open for interviews andappointments as scheduled. E-Verify is an exception and is unavailable duringthe shutdown. For more information about how the shutdown is effecting E-Verifyplease visit www.dhs.gov/e-verify.
Department of Labor: Most DOL functions that impact immigration will stop workingas a result of the federal shutdown. TheDOLwill neither accept nor process any applications or related materials (suchas audit responses), it receives, including Labor Condition Applications,Applications for Prevailing Wage Determination, Applications for TemporaryEmployment Certification, or Applications for Permanent EmploymentCertification. The DOL’s web site, including the iCERT Visa Portal System and the PERM system, have become static andare unable to process any requests or allow authorized users to access theironline accounts.
Department of State: The Department will continue as many normal operations aspossible; operating status and available funding will need to be monitoredcontinuously and closely, and planning for a lapse in appropriations must becontinued. Visa issuance will be available in consulates that have adequatefunding to continue operating. Please contact our office to determine ifthe consulate you plan to attend will continue operating.
Customs and Border Patrol: Inspection and law enforcement are considered”essential personnel,” though staffing may be more limited thanusual. The borders will be open, and CBP is unsure of how the shutdownwill affect the processing of applications filed at the border at this time.
State Agencies: State agencies, such as driver’s licenses and professional licenses(e.g. Registered Nurse, Physical and Occupational Therapy licenses), are notimpacted by the federal shutdown.