When the U.S. government faces a shutdown on October 1 due to pending federal budget decisions, many immigration-related services may be affected. This can affect processes such as visa issuance, services to U.S. citizens and consular functions. In this article, we review the potential impact of a shutdown on U.S. immigration services.
Visa services and consular functions
In most cases, visa services and consular functions continue to operate during a US government "shutdown". However, some consulates may experience localized funding challenges. These challenges are usually due to a variety of factors, such as facility operating expenses.
Transportation Sec. Pete Buttigieg warns a government shutdown could mean furloughing air traffic controllers being trained to meet travel demands. pic.twitter.com/bAxUXudhuh
- USA TODAY Travel (@usatodaytravel) September 28, 2023
How the U.S. entry and exit points work
Customs and Border Protection (CBP) officers and their staff are considered essential workers, which means they ensure continuity of operations at U.S. ports of entry and exit. However, some border applications may experience minor disruptions.
The SEVIS system
Immigration and Customs Enforcement (ICE) activities linked to the SEVIS system are considered essential and should not be affected by the government shutdown.
The role of the Department of Labor
The immigration functions of the U.S. Department of Labor (DOL) are generally considered non-essential, meaning they could be suspended during a government "shutdown." Here are some of the possible consequences:
- Suspension of ACL treatments: Labor condition applications for H-1B and E-3 visas may be delayed or suspended in the event of a shutdown.
- Slower PERM processing: Procedures for obtaining permanent labor certification ("PERM Labor Certification") for immigrants wishing to work in the United States may also be affected by delays.
- Suspension of audits and investigations : DOL audits and investigations of employers using foreign workers could be suspended or postponed during the government shutdown.
Tips for dealing with a government shutdown
For those concerned with U.S. immigration services, it's important to prepare for a possible "shutdown". Here are a few tips to minimize the impact:
- Anticipate deadlines: If you have plans to travel to the U.S. or an application in progress, please allow extra time and keep an eye out for service status updates.
- Gather your documents: Make sure you have all the necessary documents for visa or status applications in order, to facilitate processing when services resume.
- Stay informed: Keep an eye on news and official websites about the reopening of the government and the resumption of the immigration services concerned.
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