Recently, a government shutdown in the United States was narrowly avoided when President Biden signed a short-term spending bill, ensuring funding until November 17, 2023. The future remains uncertain following this development.
For individuals selected in the H-1B cap second lottery, applications must be submitted by the end of October. Immigration attorneys are advising prompt action not only for H-1B extensions but also for various immigration-related filings. Immigration attorney Robert Webber provides tips for H-1B visa holders, emphasizing the importance of promptly accepting new job offers to facilitate the filing and approval of the Labor Condition Application (LCA) before November 17.
In the event of a shutdown, key immigration functions performed by the Department of Labor (DOL), including LCA processing, permanent labor certification, and prevailing wage determination, would be temporarily halted.
U.S. employers sponsoring H-1B employees are obligated to determine a prevailing wage rate, a crucial step in the H-1B application process. A shutdown affecting the DOL could impact the ability of employers to file timely H-1B status extensions with USCIS, hindering foreign workers’ ability to stay in nonimmigrant status.
Cyrus D. Mehta, a New York-based immigration attorney, notes that while USCIS is fee-funded and likely to operate as usual during a shutdown, the DOL’s potential closure would indirectly affect foreign workers’ status. Mehta explains that obtaining an LCA from the DOL is a prerequisite for filing an H-1B extension, and a shutdown would impede the timely filing of extensions before a worker’s status expires.
Webber suggests a proactive approach for sponsoring companies, advising the filing of LCAs for expirations through mid-May. This strategy helps manage risks, especially in situations involving H-1B workers with dependent visa spouses who have work authorization, alleviating concerns about potential gaps in the spouse’s employment.
Source: MSN
