USCIS will remain operational during the Federal Government Shutdown thanks to the healthy funding it derives from USCIS filing fees
- Good news: USCIS’ operations though the Federal Government Shutdown are expected to continue because it is funded by sources other than appropriated funds (read: H-1B and other USCIS filing fees). In fact, this funding is so substantial that USCIS expects to send home only 353 of 12,558 employees during the temporary shutdown.
- Consulates remain operational at this point.
- Unfortunately, the DOL ETA will not process any employment based labor certifications during the shut down. The PERM PLC website is also down, as is iCert.
Department of Labor: The Administration is working very hard to avoid a government shutdown and believes there is sufficient time to avoid such an occurrence; however, prudent management requires the Department to plan for the possibility that it may need to suspend operations should Congress be unable to pass a funding bill by midnight on Monday, September 30, 2013.
OFLC functions are not “excepted” from a shutdown and its employees would be placed in furlough status should a lapse in appropriated funds occur. Consequently, in the event of a government shutdown, OFLC will neither accept nor process any applications or related materials (such as audit responses), it receives, including Labor Condition Applications, Applications for Prevailing Wage Determination, Applications for Temporary Employment Certification, or Applications for Permanent Employment Certification. OFLC’s web site, including the iCERT Visa Portal System, would become static and unable to process any requests or allow authorized users to access their online accounts.
Further updates will be posted to the Department’s website.
Department of State: The Department will continue as many normal operations as possible; operating status and available funding will need to be monitored continuously and closely, and planning for a lapse in appropriations must be continued.
EOIR: EOIR has indicated that its response to a potential shutdown is the same as it was in 2011. EOIR has been advised to “put its shutdown plans in place.” As with other agencies, personnel who are not considered “essential” will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
Update from EOIR on October 1, 2013: Court functions that support the detained caseload will continue, but other functions are suspended. The Board of Immigration Appeals (BIA) is processing emergency stay requests as well as cases where the alien is detained, including case appeals, motions, federal court remands, and bonds.
ICE: From ICE Community Outreach – ICE detention and enforcement operations shall continue. ICE chief counsel trail attorneys will still work on the detained docket only during a shutdown. Please coordinate with your local Chief Counsel Office on more specifics. The ICE Community and Detainee Helpline will remain operational.
USCIS: E-Verify is currently unavailable due to a government shutdown.
Washington Post Round Up of Various Agency Responses on Impact of a Government Shutdown
- Immigrants Can Still Be Deported, Arrested During Government Shutdown (thinkprogress.org)
- Your Government Shutdown Survival Guide (on.aol.com)
- Every government shutdown ever, in one chart (washingtonpost.com)
NBC Newswire and The Associated Press joins Reuters in reporting on possibility that the entire year’s H-1B Work Visa Quota could be exhausted in a week
NBC Newswire and The Associated Press have added to yesterday’s Reuter’s article, for which I was interviewed, reporting on the possibility that the entire year’s national quota of H-1B Professional Work Visas could be used up in as little as a week’s time. The article discusses the recent Republican led attempt to reform immigration for highly skilled workers through the failed STEM Jobs Act, and makes the point that such an obvious demand for skilled workers sends a clear signal that the U.S. economic collapse is over and that Congressional overhaul of the H-1B should be part of any Comprehensive Immigration Reform legislation. Congress would do wise to listen to the likes of more than 100 top tech leaders including Mark Zuckerberg, Bill Gates and even the late Steve Jobs, all of whom were proponents of increasing limits on Professional Work visas.
- Ashwin Sharma interviewed by Reuters on U.S. demand for skilled worker visas topping quota (ashwinsharma.com)
- US H-1B visas may be decided through lottery this year (news.in.msn.com)
- US demand for skilled worker visas seen topping quota soon (rediff.com)