U.S. Government funding is established through September 30, 2023. If Congress does not pass funding legislation, a government shutdown is possible on October 1, 2023. The process, with less than three weeks, is seemingly going to be a challenge.
To date, Congress has not finalized any of the twelve annual appropriation bills. It seems likely a temporary stopgap funding measure will be required to avoid a shutdown. There is a gap between the House and the Senate and how they are approaching the potential shutdown.
The House appears to be focused on reducing overall spending levels, addressing border security, and some demanding a vote on an impeachment inquiry of President Biden. The Senate, however, is making progress. They have three of the twelve appropriation bills scheduled for a vote this week. Leadership from the Senate is actively requesting the House to take a more bipartisan approach to avoid a shutdown.
If the government is not funded prior to October 1, 2023, the Office of Management and Budget (OMB) determines when each federal agency is impacted. The OMB also determines which functions are essential and will continue, even during a shutdown. Essential services, including border patrol, continue to work during a shutdown, without pay. Social Security and Medicare benefits are continued.
In general, there is little impact on USCIS during a government shutdown, as USCIS relies solely on fees to fund the organization. As such, USCIS is largely unaffected by any government shutdown. USCIS continues processing petitions and applications during a shutdown, without interruption. However, some other aspects of immigration are affected. This can impact petitions filed with USCIS.
If there is a government shutdown, the Department of Labor (“DOL”) does not operate.
FLAG and PERM systems are inaccessible during a shutdown. When FLAG is not available, the required Labor Condition Applications (“LCAs”) for H-1Bs, H-1B1s, or E-3 petitions cannot be filed.
For more about how a government shutdown is likely to affect immigration, read our previously published article. If you have questions about how to proactively prepare for a potential shutdown, contact us. We work with our clients in their individual situations, ensuring they get the right advice.
