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  • Writer's pictureTanya Powers

Navigating Turbulence: Would a Government Shutdown Impact My Immigration Case?


Would a Government Shutdown Impact My Immigration Case

Introduction

Government shutdowns have become an unfortunate reality in the United States in recent years, causing disruptions across various federal agencies. One significant area of concern for many individuals and employers is the immigration system. In this blog post, we will explore the impact of a potential government shutdown on the U.S. Citizenship and Immigration Services (USCIS), visa applications with the Department of State (DOS), and labor certifications through the Department of Labor (DOL).

USCIS: A Vital Component of the Immigration Process

USCIS is the agency responsible for overseeing immigration to the Unites States. Key functions of the agency include adjudicating immigration applications and petitions including applications for permanent residence (green cards) and naturalization.

During a government shut down, the agency continues with most activities as normal. This is because the agency is significantly funded by the fees charged when applications or petitions are filed. Activities funded by appropriated funds such as E-Verify, EB-5 Immigrant Investor Regional Center Programs, and Conrad 30 J-1 waivers may be suspended or otherwise impacted by a shut down.


DOS: Consular Services


The DOS oversees U.S. embassies and consulates worldwide, playing a crucial role in the issuance of visas and passports. During a government shutdown, visa and passport operations usually continue as they are also funded by fees charged. Despite this, consular services may be significantly limited, affecting the ability of U.S. citizens to obtain or renew passports and causing delays in visa issuance. Such delays can be especially distressing for individuals seeking to reunite with loved ones or employers eagerly anticipating immigrant and nonimmigrant employees commencing work.


DOL: Labor Certification and Employment-Based Immigration


The Department of Labor (DOL) plays a crucial role in the employment-based immigration process, especially for foreign workers seeking employment-based visas. One essential step in sponsoring foreign workers for certain employment-based visas, like the H-1B or EB-2/EB-3 categories, is obtaining a labor certification from the DOL. During a government shutdown, DOL offices may be minimally staffed or closed altogether, causing delays in the labor certification process. Employers may struggle to fill critical positions, potentially impacting their competitiveness and overall economic growth.


Conclusion

Government shutdowns have wide-ranging and detrimental effects on the U.S. immigration system. Delays, uncertainty, and increased backlogs disrupt the lives of individuals and the operations of businesses, ultimately hindering economic growth and the pursuit of the American dream for many. It is essential for policymakers to find solutions to prevent these disruptions and provide stability to the immigration system, ensuring that it functions efficiently and effectively regardless of the political climate.

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