IMMIGRATION ALERT
OCTOBER 2, 2013

HOW THE FEDERAL GOVERNMENT SHUTDOWN IS IMPACTING IMMIGRATION SERVICES
 
USCIS LogoU.S. CITIZENSHIP AND IMMIGRATION SERVICES (USICS)

 

The CIS will continue processing petitions and applications. These services are fee-based and funded by the fees employers and applicants pay. However, we expect to see general delays in processing.

 
E-VERIFY
 

This program is no longer accessible. This will impact the enrollment of new companies and verification of new hires and re-verifications.

 

To minimize the impact on employers:

  • The "3 day rule" has been extended until the shutdown ends. Employers must continue to complete the I-9 Form no later than 3 business days and make plans to enter the required information in E-Verify promptly after the shutdown ends.
  • The TNC resolution time has been extended.   The days the federal government is closed will not count towards the 8 federal days to resolve a TNC.

 CUSTOMS AND BORDER PROTECTION (CBP)
 

This agency is operating at approximately 88%.  Those entering the U.S. with current visas and other documentation should not encounter difficulties.  Inspections at the border and ports of entry will continue.  However, those seeking to apply for an immigration benefit at a port-of-entry such as a new TN or L visas for Canadian citizens may encounter delays.  We recommend to confirm with the border before arriving to apply for a new benefit. 

 DEPARTMENT OF STATE (DOS)
american-flag-building.jpg
 

Consulates plan to remain open to process visas and related documents for as long as their budgets allow. Their services are partly funded by applicants' fees. We encourage applicants to keep in contact with their consulates in advance of appointments.  

 

 DEPARTMENT OF LABOR (DOL)
 

This agency has stopped all operations relating to processing or accepting any applications or materials relating to prevailing wage determinations, Labor Condition Applications (LCAs) needed for H-1B, H-1B1 and E-3 classifications, and Permanent Employment Certifications (i.e. PERMs).

 

This situation directly affects the ability to file certain petitions with USCIS.  In the past, USCIS has created temporary exemptions to the LCA certification requirement but to date no exemption has been issued. 

 
We will continue to monitor the situation and provide updates.   We are available to assist with planning for individual situations. Please note that even when funding is restored, general delays are expected.  GC Signature