In the event of a shutdown, visa processing at U.S. consulates is most likely to be suspended, though posts may provide limited services for U.S. citizens, urgent humanitarian issues and cases in which a foreign national nearing the age of 21 is at risk of “aging out” of an immigration benefit. At a stakeholder meeting on Thursday, U.S. Citizenship and Immigration Services confirmed that because it is funded largely by application and petition fees, its operations would continue during any shutdown, though employers and foreign nationals should still be prepared for the possibility of some adjudication delays. On the compliance front, there are some indications that Form I-9 audits could be suspended during a shutdown, and E-Verify operations could also be affected. It is not yet known whether the Department of Labor would continue to process immigration-related applications, though it did so during the last federal shutdown in 1995.
As March 4 approaches, Fragomen is closely monitoring immigration operations and will provide updates as developments occur.
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In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.
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Media mentions
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In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.
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