
At a glance
Congress has passed a short-term spending bill that will fund the federal government – including immigration operations – through December 21.
The situation
A continuing resolution passed by Congress on Thursday will fund the federal government – including immigration operations – through December 21, 2018, while negotiations on the FY 2019 budget continue. Funding for federal operations was set to expire after midnight on December 7. The bill now goes to President Trump for his signature.
Four expiring immigration programs have also been extended without changes through December 21:
- the EB-5 Regional Center permanent residence program for foreign investors;
- the E-Verify electronic employment eligibility verification system;
- the Conrad 30 waiver program for foreign medical graduates who will work in areas of the United States that are underserved by physicians; and
- the special immigrant non-minister religious worker permanent residence program
What the short-term spending measure means for employers
The passage of a temporary spending measure means that there will be no interruption of federal operations for now, though a shutdown remains a possibility if there is no agreement on FY 2019 appropriations legislation by December 21, 2018.
In the event of a shutdown, U.S. immigration functions would likely be affected as follows:
- USCIS immigration benefits processing: Because USCIS case processing functions are funded by application fees, the agencies would continue to adjudicate cases, though some delays are possible.
- Visa processing: The State Department should process visa applications as long as filing fees remain available to fund consular operations. If a shutdown is lengthy, visa processing could be affected.
- Department of Labor immigration functions: DOL would not be affected by a shutdown, since Congress earlier this year passed appropriations legislation to fund that agency’s operations for FY 2019.
- E-Verify: The E-Verify system would not accept or process employment verification queries during a shutdown.
- Border and enforcement operations: Inspection functions and border application processing would continue, as would ICE enforcement.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Explore more at Fragomen
Media mentions
Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.
Blog post
Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.
Media mentions
Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.
Media mentions
Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.
Media mentions
Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.
Blog post
Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.
Media mentions
Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.
Video
Senior Manager Sergio Flores discusses key immigration and travel considerations for individuals planning to visit Mexico during the FIFA World Cup 2026™, including visa waiver status, passport validity, FMM documentation and potential work-related visa requirements.
Media mentions
Partner Audrea Golding discusses how top-funded startups may have greater flexibility in managing H-1B costs amid evolving hiring dynamics.
Video
Manager Mihaela Dumitru discusses the Swiss citizenship process, including the authorities involved, key naturalization routes and why early planning is important.
Video
In this Mobility Minute, Manager Minu Joseph discusses how academic qualification recognition is shaping hiring and workforce mobility in the United Arab Emirates and what employers should consider when planning international talent transfers.
Fragomen news
Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.
Media mentions
Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.
Blog post
Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.
Media mentions
Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.
Media mentions
Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.
Media mentions
Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.
Blog post
Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.
Media mentions
Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.
Video
Senior Manager Sergio Flores discusses key immigration and travel considerations for individuals planning to visit Mexico during the FIFA World Cup 2026™, including visa waiver status, passport validity, FMM documentation and potential work-related visa requirements.
Media mentions
Partner Audrea Golding discusses how top-funded startups may have greater flexibility in managing H-1B costs amid evolving hiring dynamics.
Video
Manager Mihaela Dumitru discusses the Swiss citizenship process, including the authorities involved, key naturalization routes and why early planning is important.
Video
In this Mobility Minute, Manager Minu Joseph discusses how academic qualification recognition is shaping hiring and workforce mobility in the United Arab Emirates and what employers should consider when planning international talent transfers.
Fragomen news
Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.
