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Govt Shutdown: USCIS Warns of Delay H-1B and Scholar Visa Processing

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The US authorities is simply 4 days away from a potential shutdown, which is more likely to trigger political turmoil and disruptions in authorities providers.

Whereas US Citizenship and Immigration Providers (USCIS) is funded by charges paid by stakeholders, and it’s not depending on congressional appropriations to fund its operations, there are specific immigration providers that is likely to be affected because of the shutdown.

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USCIS Acknowledges Potential Influence

Drawing from previous experiences of serious delays throughout authorities shutdowns, USCIS has acknowledged “authorities shutdown-related delays as excusable.”

This recognition holds important implications for providers like H-1B extensions, making certain that staff needn’t depart the USA attributable to such delays.

Listing of Affected Immigration Providers

Right here’s a breakdown of US Visa and Immigration providers that could possibly be adversely affected ought to the federal government shutdown happen:

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1. US Labor Division Processing H-1B, E-3, and Visas

The US Labor Division handles labour situation purposes for H-1B, E-3, and H-1B1 visas. With the division probably shutting down, these providers are in danger.

Moreover, the processing of prevailing wage, PERM labour certification, and different operations throughout the Division of Labor’s Workplace of International Labor Certification (OFLC) would come to a halt.

Furthermore, personnel from this division could also be unavailable to deal with inquiries, and web-based programs for submitting, standing checks, and doc uploads could also be inaccessible.

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2. Visa and Passport Operations By way of the State Division

Whereas these operations should not fee-funded, eliminating considerations about fund shortages, consular availability and processing could possibly be impacted if the State Division workplace stays closed.

In such an occasion, providers could also be restricted primarily to diplomatic visas and excessive emergencies, as famous by consultants from Morgan Lewis.

3. Scholar and Change Customer Program (SEVP) By way of ICE

Immigration and Customs Enforcement (ICE) enforcement and elimination operations will proceed, with ICE attorneys concentrating on the detained docket throughout a authorities shutdown.

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Consequently, ICE Scholar and Change Customer Program (SEVP) places of work accountable for F-1, J-1, and M-1 visas will stay operational, as SEVP derives its funding from charges.

Additionally Learn: Essential Replace for US Visa Candidates: Charge Extensions Expiring Sept 30

4. Immigration Evaluation

Within the occasion of a lapse in congressional funding, immigration court docket instances on the detained docket will proceed as scheduled, whereas non-detained docket instances will likely be rescheduled for a later date when funding is restored.

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Courts dealing with detained instances will proceed to just accept and course of filings associated to those instances, whereas courts completely managing non-detained instances will stay closed and won’t settle for any filings, as communicated by Morgan Lewis.

5. CIS Ombudsman (Citizenship and Immigration Providers Ombudsman)

The Division of Homeland Safety (DHS) Workplace of the CIS Ombudsman would shut throughout a authorities shutdown, and it will not settle for any inquiries by means of its on-line case consumption system.

Closing Phrases

USCIS has beforehand acknowledged that it considers authorities shutdown-related delays as excusable, which may impression providers like H-1B extensions with out requiring staff to go away the USA. Nevertheless, it is very important word that the complete impression of a authorities shutdown on immigration providers is tough to foretell.

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In case you have any upcoming immigration appointments or deadlines, it is very important verify with the related company to see if they are going to be affected by the shutdown. You may additionally wish to take into account contacting an immigration legal professional to debate your choices.


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