U.S. Federal Government Shut Down Will Impact U.S. Immigration Processes

As of 12:01 a.m. EDT today, the U.S. House and Senate failed to agree on a short-term spending plan, necessitating a government shutdown. Only essential government offices remain open, and many non-essential government functions that impact immigration benefits and filings have closed until the House and Senate are able to pass a budget for the new fiscal year.

Several immigration-related functions will be disrupted during the government shut down:

Department of Labor: 82 percent of all Department of Labor employees have been furloughed, including employees with the Office of Foreign Labor Certification (OFLC). OFLC is not able to accept or process any applications it receives, including Labor Condition Applications, Applications for Prevailing Wage Determination, Applications for Temporary Employment Certification or Applications for Permanent Employment Certification (PERM applications). OFLC's website, including the iCERT System, is unavailable. DOL's guidance as of September 25, 2013, can be found in the "Continuation of Certain Limited Department and Solicitor's Office Activities During a Lapse in Appropriations" memo.

USCIS: Because USCIS is funded by user fees, USCIS remains open and continues to accept and process applications. E-Verify is not available during the shutdown.

Department of State: DOS continues to process passport applications and provide U.S. citizen services. Visa processing at U.S. Consulates will continue until their current budgets are depleted. DOS guidance as of September 27, 2013, can be found on the U.S. Department of State website.

Customs and Border Protection: Most CBP Inspection and Enforcement officers are considered to be essential staff and will continue working through the shutdown. 

EOIR: As with other agencies, court personnel who are not considered "essential" have been furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.

The Faegre Baker Daniels immigration and global mobility team will provide more updates as they become available.