Federal Spending Impasse Could Lead to Delays in Immigration Processing

As Congress continues to debate a bill to fund the government this year and the prospect of a federal shutdown looms, employers and foreign nationals should be prepared for the possibility of immigration processing delays. If House Speaker John Boehner (R-OH) and Senate Majority Leader Harry Reid (D-NV) do not reach agreement on this year’s budget by March 4, when the continuing resolution that is currently funding the government will expire, many federal agencies could suspend operations during the impasse, including some immigration-related functions. 

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.