United States: Federal Shutdown Averted for Now
October 2, 2023
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At a glance
President Biden has signed a short-term spending bill that will fund the federal government – including immigration operations – through November 17, 2023.
The issue
A continuing resolution passed by Congress and signed by President Biden late Saturday will fund the federal government – including immigration operations – through November 17, 2023, while negotiations on the FY 2024 budget continue. Funding for federal operations was set to expire after midnight on September 30.
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 2024 appropriations legislation or an additional stopgap by November 17. In the event of a future shutdown, U.S. immigration functions would likely be affected as follows:
- Department of Labor immigration functions: All DOL immigration-related functions would be suspended during a federal shutdown, including PERM, labor condition application (LCA), and prevailing wage determination functions. The FLAG system would be taken offline.
- USCIS immigration benefits processing: Because USCIS case processing functions are funded by filing fees, the agencies would continue to adjudicate cases, though some delays are possible. The filing of cases requiring a DOL labor condition application or labor certification would likely be delayed if the necessary documentation was not received before a shutdown.
- Visa processing: The State Department should process visa applications as long as application fees remain available to fund consular operations. If a shutdown is lengthy, visa processing could be affected.
- E-Verify: The E-Verify system would be taken offline and would not accept or process employment verification queries during a shutdown.
- Border and enforcement operations: Inspection functions and immigration enforcement would continue. Border applications would likely continue, though processing of I-94 corrections at local CBP offices could be limited or suspended.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
