Impact of a Government Shutdown on Immigration

Once again, the United States faces the possibility of a government shutdown. The federal government’s fiscal year spans from October 1 of one year to September 30 of the next. With the deadline just a few days away (September 30th, 2023), it appears that Congress may struggle to reach a budget agreement, potentially leading to a shutdown. But what are the implications?

In simple terms, a government shutdown occurs when Congress fails to agree on a yearly budget by the end of the fiscal year. This results in the suspension of all non-essential government operations until a budget consensus is reached.

Good news is that the processing of most immigration petitions and applications at USCIS will continue without interruption because USCIS relies on user fees rather than direct federal funding. This means that family based petitions or employees seeking extensions or progressing through the Green Card process (post labor certification) should still be able to do so, with the exception of those requiring certification by the Department of Labor, which typically shuts down during a government shutdown. This will particularly impact USCIS petitions which require labor certification such as H-1B, E-3, EB-2 and EB-3 visa categories.

We recommend staying informed through the news for updates on the shutdown and seeking guidance on how to proceed during this uncertain period.

PLEASE NOTE:

This content of our website are for educational purposes only and do not constitute legal advice or formation of attorney-client relationship.

Please consult an immigration attorney, with experience in the EB-5 filed for any specific questions related to your case. 

Legal advice must be obtained for specific questions from your immigration lawyer after formal engagement (i.e. signed contract with your lawyer).