As the clock ticks toward November 17, 2023, the United States faces the looming possibility of a federal shutdown if Congress fails to pass appropriations legislation or a stopgap spending bill. This potential shutdown, scheduled for November 18, could have far-reaching implications for immigration operations, particularly within the Department of Labor (DOL).

In the event of a shutdown, crucial DOL immigration functions, such as processing Labor Condition Applications (LCAs), prevailing wage requests, and Permanent Labor Certification (PERM) applications, would come to a halt until further congressional action. However, fee-based immigration processing, including USCIS benefit applications and State Department visa and passport processing, is expected to persist, albeit with potential delays.

The USCIS E-Verify and Conrad 30 programs are among those facing expiration if not extended by Congress. To mitigate potential disruptions, employers with impending LCA requirements are advised to expedite filing for certification before the November 17 deadline. Similarly, those with time-sensitive PERM applications should ensure timely submissions.

While the likelihood of a shutdown hinges on ongoing negotiations surrounding the FY 2024 federal budget, the impact on immigration operations could be substantial. This news sheds light on the anticipated effects on various entities, including the Department of State, Customs and Border Protection, Immigration and Customs Enforcement, E-Verify, the Conrad 30 Program, and the SAVE System.

Employers are urged to stay informed and may find it beneficial to consult with immigration counsel to develop strategies for timely submissions of essential DOL applications, preparing for potential disruptions in the days ahead.

Source: Fragomen