What to Expect During the Federal Shutdown: Updated Information for Foreign Nationals

During the ongoing federal government shutdown, many U.S. government operations – including some key immigration functions – continue to be suspended. Operations will not return to normal until the U.S. Congress reaches an agreement on the federal budget. The duration of the shutdown cannot be predicted. It could last for several days or weeks, though Congress could pass a temporary measure to fund the government while debate over the budget continues.

The following are frequently asked questions about the impact of the shutdown on foreign nationals. If your immigration case is delayed by the shutdown, keep in close contact with your employer and your designated Fragomen professional. Fragomen continues to monitor the government’s immigration functions and will provide updates at our public website.

1. I need to apply for a nonimmigrant visa. Will the U.S. consulate be able to process my application and issue my visa during the shutdown?

Yes, but you should file soon and be prepared for possible delays.

U.S. consulates are currently open and plan to process visa applications for as long as the funding the State Department receives from application fees remains available. (Visa operations are partly funded by application fees paid by foreign nationals and partly by U.S. government appropriations. Only the government appropriations funding is affected by the shutdown.)

But it is important to file as soon as possible in the event the shutdown lasts for more than a few days. If funds from application fees are depleted, the State Department could suspend visa processing or limit it to urgent medical or humanitarian cases only.

2. My nonimmigrant visa application is pending and I have a visa appointment in the very near future. Will the U.S. consulate be able to process my visa? What if my case is undergoing a security clearance?

As noted above, U.S. consulates are currently open during the shutdown and plan to process visas and conduct visa interviews as long as State Department funds remain available. However, if the shutdown lasts for more than a few days and funding is depleted, your case could be delayed.

If your application is subject to a security clearance, you could experience a delay during the shutdown. Many government agencies take part in security clearances in addition to the State Department, and some may be affected by the shutdown.

3. Will Canadian nationals be able to submit applications for TN or L-1 status at the U.S. border or port of entry?

U.S. Customs and Border Protection, which adjudicates border applications for TN and L-1 status, continues to process these applications. If you are a Canadian national planning to apply at the border while the shutdown is ongoing, please contact your Fragomen representative to coordinate your application.

4. My employer is planning to file a PERM application on my behalf. Will the Labor Department process my application during the shutdown?

No. All of DOL’s immigration-related functions, including labor certification operations, are suspended during the shutdown. The online system used to file PERM applications is not accepting new cases. PERM applications already on file with DOL are not being processed. Processing will resume only after the shutdown is over.

5. My employer is filing an immigration petition with USCIS on my behalf. Will the USCIS be able to process it during the shutdown?

Yes, USCIS continues to process applications and petitions for immigration benefits during the shutdown. This includes petitions for immigrant and nonimmigrant workers and applications for adjustment of status. However, processing delays are possible if adjudication of your case is dependent on support from government functions that are suspended during the shutdown – for example, if your case requires a certification from the Department of Labor or a security clearance from an agency that is affected by the shutdown.

6. I am an H-1B employee. Will the shutdown affect an extension of my status or my ability to change to a new H-1B employer?

Possibly. Though USCIS continues to petitions during the shutdown, your case could be delayed by the suspension of labor condition application (LCA) processing at the Department of Labor. A valid LCA certified by DOL is an essential part of any petition for H-1B nonimmigrant status (or E-3 or H-1B1 status), but DOL’s LCA operations will be suspended during the shutdown.

If your employer does not have a valid, certified LCA in place for your position and work location, your case could be delayed. In the past, USCIS has relaxed its rules and accepted H-1B filings without certified LCAs when DOL operations have been suspended or delayed, but it has not yet announced whether it will do so during the present shutdown. Fragomen is working with its immigration advocacy partners to urge USCIS to allow H-1B filings without a certified LCA while DOL operations are suspended.

7. I am a new nonimmigrant employee and I need to apply for a U.S. Social Security number. Will I be able to apply during the shutdown?

No. Though the Social Security Administration will remain open during the shutdown, it will not be accepting or processing applications for Social Security numbers (SSNs) or replacement Social Security cards.

You do not need an SSN to start work, but lack of an SSN could affect your ability to obtain a U.S. driver’s license, open a bank account and obtain other benefits.

8. Will a nonimmigrant be able to apply for a driver’s license or non-driver ID during the shutdown? What about renewing a license or state ID?

Even though driver’s licenses and non-driver IDs are the responsibility of state governments, your application for a new or renewed license or ID could be delayed during the shutdown if you are unable to obtain a Social Security number (see Question 7) or if an extension of your status cannot be filed (see Question 6). Social Security cards and evidence of valid immigration status are required when applying for or renewing a driver’s license or state non-driver ID.

9. How quickly will immigration operations return to normal after the shutdown is over?

Once the budget impasse is resolved, you should expect some processing delays while affected agencies get back up to speed. Backlogs are likely to build up during the shutdown and it could take several days or weeks for agencies to work through them.