Federal Budget Debate Could Lead to Government Shutdown and Delay of Immigration Services# EB23 - 劳工卡
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United States
Federal Budget Debate Could Lead to Government Shutdown and Suspension or
Delay of Immigration Services
September 27, 2016
Executive Summary
If Congress does not pass a budget agreement or a stopgap measure by
September 30, Department of Labor immigration operations would be suspended
and USCIS petition processing could be delayed. Congress continues to debate
whether to reauthorize E-Verify, the EB-5 Regional Center program and other
programs, which could expire unless reauthorized by September 30.
A last-minute debate over the FY 2017 budget has intensified in Congress,
raising the possibility of a federal government shutdown and the suspension
or delay of some immigration functions as of October 1. Though a shutdown is
by no means certain, employers should be prepared in the event that
Congress does not reach agreement on a spending bill or stopgap measure by
September 30.
In addition, Congress has yet to agree on whether to extend several expiring
immigration programs: the E-Verify employment eligibility verification
program, the EB-5 Regional Center permanent residence program for foreign
investors, the Conrad 30 program for foreign medical graduates, the non-
minister religious worker permanent residence program and the cap exemption
for returning H-2B temporary nonagricultural workers. If these programs are
not reauthorized or temporarily extended, they will terminate on September
30.
IMMIGRATION IMPACT OF A FEDERAL SHUTDOWN
Immigration operations would likely be handled as follows in the event of a
shutdown and continued impasse on expiring immigration programs.
Department of Labor
In the event of a shutdown, DOL's Office of Foreign Labor Certification
would suspend all operations. No PERM applications, labor condition
applications (LCAs), prevailing wage requests or applications for temporary
labor certification would be processed. Online application systems would be
turned off and would not be able to accept PERM, LCA or prevailing wage
filings. The agency would be unable to process PERM audit responses or other
submissions by mail.
Employers who have an imminent need for LCAs should expect delays if they
have not already filed. Because LCAs take up to seven business days to be
certified, cases that are not already in process may not be completed by
September 30. This could have a critical impact on H-1B, E-3 and H-1B1
employees who will need an extension of stay filed on their behalf in the
coming weeks. Employers with already approved multislot LCAs may be able to
use them to meet urgent needs.
Employers with due dates for PERM filings or audits in October should
discuss options with their Fragomen team. DOL could offer an accommodation
to those with deadlines that fall during a shutdown, but would probably not
provide information on grace periods until after its operations resumed.
U.S. Citizenship and Immigration Services
USCIS should continue to process application and petitions for immigration
benefits during a shutdown, though processing delays could occur. Because
DOL LCA operations would be suspended, employers planning to file H-1B, E-3
or H-1B1 extensions - for which a DOL-certified LCA is required - may be
affected. In the past, USCIS has temporarily accepted extensions without a
certified LCA in some circumstances, but such an accommodation cannot be
guaranteed.
USCIS's SAVE system, which is used by government agencies to verify the
immigration status of applicants for benefits, could remain operational, but
if it is suspended, foreign nationals applying for driver's licenses and
other state or federal benefits would experience delays.
If the E-Verify program is not reauthorized by September 30, employers who
participate in the system would no longer be obligated to submit employment
verification queries. If the EB-5 Regional Center program lapses on
September 30, USCIS would cease to accept petitions and applications for
adjustment of status under this category. Similarly, Conrad 30 waiver
applications and non-minister religious worker petitions would not be
accepted.
Employers seeking to hire H-2B returning workers - those who were previously
counted against the H-2B cap during fiscal years 2013, 2014 or 2015 -
should continue to identify these workers in petitions submitted to USCIS,
in the event that the cap exemption for these individuals is reauthorized.
Department of State
DOS should process visa applications as long as filing fees remain available
to fund consular operations. If a shutdown is lengthy and fee funding is
depleted, the agency could suspend visa processing or limit it to emergency
cases only.
Customs and Border Protection
Inspection functions at U.S. borders and ports of entry would remain in
operation. CBP would likely process immigration applications at the border,
such as applications for initial TN or blanket L status submitted by
Canadian nationals.
Social Security Administration
The Social Security Administration would not process applications for Social
Security numbers or replacement cards during a shutdown.
United States
Federal Budget Debate Could Lead to Government Shutdown and Suspension or
Delay of Immigration Services
September 27, 2016
Executive Summary
If Congress does not pass a budget agreement or a stopgap measure by
September 30, Department of Labor immigration operations would be suspended
and USCIS petition processing could be delayed. Congress continues to debate
whether to reauthorize E-Verify, the EB-5 Regional Center program and other
programs, which could expire unless reauthorized by September 30.
A last-minute debate over the FY 2017 budget has intensified in Congress,
raising the possibility of a federal government shutdown and the suspension
or delay of some immigration functions as of October 1. Though a shutdown is
by no means certain, employers should be prepared in the event that
Congress does not reach agreement on a spending bill or stopgap measure by
September 30.
In addition, Congress has yet to agree on whether to extend several expiring
immigration programs: the E-Verify employment eligibility verification
program, the EB-5 Regional Center permanent residence program for foreign
investors, the Conrad 30 program for foreign medical graduates, the non-
minister religious worker permanent residence program and the cap exemption
for returning H-2B temporary nonagricultural workers. If these programs are
not reauthorized or temporarily extended, they will terminate on September
30.
IMMIGRATION IMPACT OF A FEDERAL SHUTDOWN
Immigration operations would likely be handled as follows in the event of a
shutdown and continued impasse on expiring immigration programs.
Department of Labor
In the event of a shutdown, DOL's Office of Foreign Labor Certification
would suspend all operations. No PERM applications, labor condition
applications (LCAs), prevailing wage requests or applications for temporary
labor certification would be processed. Online application systems would be
turned off and would not be able to accept PERM, LCA or prevailing wage
filings. The agency would be unable to process PERM audit responses or other
submissions by mail.
Employers who have an imminent need for LCAs should expect delays if they
have not already filed. Because LCAs take up to seven business days to be
certified, cases that are not already in process may not be completed by
September 30. This could have a critical impact on H-1B, E-3 and H-1B1
employees who will need an extension of stay filed on their behalf in the
coming weeks. Employers with already approved multislot LCAs may be able to
use them to meet urgent needs.
Employers with due dates for PERM filings or audits in October should
discuss options with their Fragomen team. DOL could offer an accommodation
to those with deadlines that fall during a shutdown, but would probably not
provide information on grace periods until after its operations resumed.
U.S. Citizenship and Immigration Services
USCIS should continue to process application and petitions for immigration
benefits during a shutdown, though processing delays could occur. Because
DOL LCA operations would be suspended, employers planning to file H-1B, E-3
or H-1B1 extensions - for which a DOL-certified LCA is required - may be
affected. In the past, USCIS has temporarily accepted extensions without a
certified LCA in some circumstances, but such an accommodation cannot be
guaranteed.
USCIS's SAVE system, which is used by government agencies to verify the
immigration status of applicants for benefits, could remain operational, but
if it is suspended, foreign nationals applying for driver's licenses and
other state or federal benefits would experience delays.
If the E-Verify program is not reauthorized by September 30, employers who
participate in the system would no longer be obligated to submit employment
verification queries. If the EB-5 Regional Center program lapses on
September 30, USCIS would cease to accept petitions and applications for
adjustment of status under this category. Similarly, Conrad 30 waiver
applications and non-minister religious worker petitions would not be
accepted.
Employers seeking to hire H-2B returning workers - those who were previously
counted against the H-2B cap during fiscal years 2013, 2014 or 2015 -
should continue to identify these workers in petitions submitted to USCIS,
in the event that the cap exemption for these individuals is reauthorized.
Department of State
DOS should process visa applications as long as filing fees remain available
to fund consular operations. If a shutdown is lengthy and fee funding is
depleted, the agency could suspend visa processing or limit it to emergency
cases only.
Customs and Border Protection
Inspection functions at U.S. borders and ports of entry would remain in
operation. CBP would likely process immigration applications at the border,
such as applications for initial TN or blanket L status submitted by
Canadian nationals.
Social Security Administration
The Social Security Administration would not process applications for Social
Security numbers or replacement cards during a shutdown.
