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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