How Could a Government Shutdown Affect Immigration?

 Posted on January 09, 2025 in Immigration

If it feels like our government is on the verge of a shutdown every time you turn around, you are not wrong. Over the last two decades, the government has shut down three times, but the number of times a shutdown has been threatened is far more, despite the fact that 75 percent of Americans find it unacceptable for Congress to threaten these shutdowns.

Few Americans may ever consider how a government shutdown impacts immigration issues. Since another potential shutdown battle is expected in March, knowing how this might affect employers and immigrants can be helpful. If a government shutdown might affect you, your business, or your employees, having an experienced Bloomingdale, IL immigration attorney can be extremely beneficial.

Necessary Employer Actions During a Government Shutdown

During an actual government shutdown, all but "essential" personnel are furloughed. Key immigration-related agencies may face shutdowns, and employers who employ immigrants may see processing times significantly affected. If this is true for your business, you should consider the following tips:

• As an employer, make sure you have a full understanding of which employees are considered "essential."
• Clearly communicate with all employees who may be impacted during a government shutdown.
• Prepare for delays when filing PERM applications, LCAs, and any other programs that are overseen by the DOL.
• Even if E-Verify is unavailable, determine how to complete Form I-9s for new hires in a timely manner.
• If any employees are traveling internationally, help them confirm visa appointments.

What Government Agencies That Deal with Immigration Could Be Affected?

The United States Citizenship and Immigration Services (USCIS) will largely remain unaffected by a government shutdown, although minor delays are to be expected. The EB-5 Immigrant Investor Regional Center Program was authorized through September 2027, so it should not be affected. This program attracts billions of dollars to the U.S. economy and creates tens of thousands of jobs. The EB-5 program is the only visa program meant to create jobs and growth.

E-Verify will be inaccessible during a government shutdown. Employers can continue using the alternate document review process for I-9 verification if E-Verify is temporarily unavailable. When the primary reason for failing to file an I-129 is a government shutdown, the USCIS will generally accept late filings so long as the petition notes the reason for the lack of a timely filing.

The Conrad 30 program allows doctors to apply for a J-1 Waiver. The J program is for exchange visitors, allowing approved individuals to participate in work and study-based exchange visitor programs. The Conrad 30 program allows foreign medical graduates to apply for a waiver of the two-year foreign residence requirement after completing the J-1 exchange visitor program. These programs address the shortage of qualified doctors in medically underserved areas of the United States. These programs address the shortage of qualified doctors in medically underserved areas.

ICE will likely be fully operational during a government shutdown, with a very limited number of non-essential personnel furloughed. CPB will also retain the majority of its staff, and TN and L-1 petitions for Canadian nationals will likely continue to be adjudicated. The Office of Foreign Labor Certification halts all operations during a government shutdown, including filings like H-1bs and E-3 LCAs.

The Department of State will continue with visa and passport operations, although there may be interruptions and delays. Those who plan on traveling internationally should plan for these delays. The Executive Office for Immigration Review is considered essential, so it would continue to operate, although the Immigrant and Employee Rights staff will likely be furloughed.

Contact a DuPage County, IL Immigration Lawyer

If you are concerned that a government shutdown in the future could impact aspects of your particular immigration issue, speaking to an experienced Naperville, IL immigration attorney from Mevorah & Giglio Law Offices can help you make necessary decisions. Attorney Mevorah has been serving the needs of immigrants throughout Northern Illinois for more than four decades. Call 630-932-9100 to schedule your free consultation.