Government Shutdown: Visa Services may Impact in the United States

US Government Shutdown : The US is teetering on the brink of a government shutdown, a mere four days away from a scenario that could send shockwaves through the nation’s political landscape and disrupt various government services.

While some agencies rely on congressional appropriations, there are sectors that seem impervious to such budgetary turmoil. One such sector is the US Citizenship and Immigration Services (USCIS), funded primarily by fees paid by stakeholders. However, even USCIS is not entirely immune to the ripple effects of a government shutdown.

In the wake of previous government shutdowns, the USCIS recognized the potential for major delays and took a proactive stance. They’ve classified ‘government shutdown-related delays as excusable,’ ensuring that services like H-1B visa extensions can continue without requiring employees to leave the United States.

Here’s a comprehensive list of immigration services that could be affected by the impending government shutdown

1. US Labor Department Processing H-1B, E-3, and Other Visas

The US Labor Department plays a pivotal role in processing labour condition applications for H-1B, E-3, and H-1B1 visas. With the department set to shut down, these vital services will come to a grinding halt.

Additionally, the processing of prevailing wage, PERM labour certification, and other functions of the DOL Office of Foreign Labor Certification (OFLC) will cease. Inquiries from stakeholders may go unanswered, and web-based systems for filing, status checks, and document uploads will be inaccessible.

2. Visa and Passport Operations Through the State Department

While these operations are not funded by fees, concerns about a lack of funding do not apply. However, the availability and processing of visas and passports may be affected as State Department offices remain closed. Services could be limited to diplomatic visas and extreme emergencies.

Morgan Lewis, a prominent law firm, stated, “If a consulate is impacted by the shutdown, then it is likely that services will be limited to diplomatic visas and extreme emergencies.”

3. Student and Exchange Visitor Program through ICE

Immigration and Customs Enforcement (ICE) enforcement and removal operations will continue as usual. ICE attorneys will focus on the detained docket during a shutdown. Consequently, ICE Student and Exchange Visitor Program (SEVP) offices, responsible for F-1, J-1, and M-1 visas, will remain operational since SEVP is funded by fees.

4. Immigration Review

In the event of a congressional funding lapse, immigration court cases on the detained docket will proceed as scheduled, while non-detained docket cases will be rescheduled once funding is restored.

Courts with detained dockets will continue to process filings related to detained cases. However, courts exclusively handling non-detained cases will remain closed and not accept any filings, according to insights from Morgan Lewis.

5. CIS Ombudsman (Citizenship and Immigration Services Ombudsman)

The Department of Homeland Security (DHS) Office of the CIS Ombudsman will close its doors and cease accepting inquiries through its online case intake system.

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