The DHS haWith less than 36 hours before the Friday deadline, the president-elect influenced Republicans in Congress to reject a bipartisan spending plan that would avoid a government shutdown over the holidays. Federal government funding will expire if Congress fails to reach an agreement by midnight, Friday, December 20, 2024.
To prepare for the potential shutdown, here are considerations on how a potential shutdown might affect immigration processing services. For a full overview of how these immigration processing services will be affected, click here.
Immigration Services Likely to Remain Operational:
- U.S. Citizenship and Immigration Services (USCIS): As a fee-funded agency, USCIS operations, including the processing of applications and petitions, are expected to continue.
- Department of State (DOS): Most visa and passport and consular services will remain active, although delays could occur depending on local conditions.
- Customs and Border Protection (CBP): Border security and inspection services are deemed essential and will continue as usual.
- Immigration and Customs Enforcement (ICE): Enforcement and detention activities will not be suspended.
- Executive Office for Immigration Review (EOIR): Immigration courts handling detained cases are expected to remain open, though non-detained docket cases may be impacted.
Immigration Services Likely to Be Disrupted:
- Department of Labor (DOL): Labor Condition Applications (LCAs), PERM processing, and other employment-related immigration services are expected to be paused, and personnel would not be available to respond to e-mail or other inquiries.
- E-Verify: The electronic employment verification system is expected to be unavailable during a shutdown, potentially impacting hiring processes.
Additional Considerations:
A government shutdown could also cause complications for:
- International Travel: Travelers may face increased delays at ports of entry. Heightened activity during this peak travel season could amplify disruptions.
- Seasonal Hiring: Employers reliant on seasonal workers for winter operations may experience delays in visa processing.
Employers and employees are encouraged to stay informed about developments as the December 20 midnight deadline looms. Proactive preparation is key to minimizing potential disruptions.
Please contact your Klasko Law attorney with any questions regarding this client alert.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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