The federal government shutdown, which began on October 1, 2013, has impacted U.S. immigration agencies and processes as follows:
U.S. Citizenship and Immigration Services (USCIS), which processes immigrant and nonimmigrant visa petitions and naturalization petitions, grants lawful permanent residence status and naturalization services, and issues employment authorization documents, operates on a fee-for-services basis and consequently is not affected by a lapse in appropriated funding (except for E-Verify, the online employment eligibility verification system). All USCIS offices remain operational and are open worldwide. For more information, visit the USCIS website.
The Department of Labor, which processes many of the preliminary applications needed for employment-based visas, has not been excepted from the shutdown, and certain of its employees, such as some in the Office of Foreign Labor Certification, have been placed on furlough status. As a result, pending Labor Condition Applications, Applications for Temporary and Permanent Employment Certification, and Applications for Prevailing Wage Determinations are not being accepted or processed. For more information, visit the Office of Foreign Labor Certification page at the U.S. Department of Labor website.
The Department of State has announced that consular operations domestically and overseas will remain 100 percent operational, so long as there are sufficient fees to support operations. The continuance of consular operations will be considered on a case-by-case basis. Passport agencies, located in government buildings, may be closed. For more information, see the U.S. Department of State’s guidance on operations during a lapse in appropriations.
E-Verify, the online system used for determining employment eligibility, is currently unavailable. As a consequence, employers will not be able to access their accounts or resolve Tentative Nonconfirmations. E-Verify customer support and related services are also closed. Employers, however, must continue to complete a form I-9 for new employees no later than the third business day after an employee begins work. For more information, visit the USCIS’ E-Verify website.
All U.S. Customs and Border Protection ports of entry are open. For more information, see the Port Security Operations advisory on the Department of Homeland Security website.
Student and Exchange Visitor Program (SEVIS) offices, which oversee students and exchange visitors on F, M and J visas, are fee-funded operations and consequently remain open. For more information, visit the SEVIS website.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication. Gunster, Florida’s law firm for business, provides full-service legal counsel to leading organizations and individuals from its 11 offices statewide. Established in 1925, the firm has expanded, diversified and evolved, but always with a singular focus: Florida and its client’s stake in it. A magnet for business-savvy attorneys who embrace collaboration for the greatest advantage of clients, Gunster’s growth has not been at the expense of personalized service, but because of it. The firm serves clients from its offices in Fort Lauderdale, Jacksonville, Miami, Orlando, Palm Beach, Stuart, Tallahassee, Tampa, The Florida Keys, Vero Beach and its headquarters in West Palm Beach. With more than 160 attorneys and 200 committed support staff, Gunster is ranked among the National Law Journal’s list of the 350 largest law firms. More information about its practice areas, offices and insider’s view newsletters is available at www.gunster.com. |
