Lapse in Federal Funding for Certain USCIS Operations

The current lapse in annual appropriated funding for the U.S. government does not affect USCIS’ fee-funded activities. Our offices will remain open, and all applicants should attend interviews and appointments as scheduled.

However, several USCIS programs will either expire or suspend operations, or be otherwise affected, until they receive appropriated funds or are reauthorized by Congress. These include:

• EB-5 Immigrant Investor Regional Center Program. Regional centers are a public or private economic unit in the United States that promote economic growth. USCIS designates regional centers for participation in the Immigrant Investor Program.
• E-Verify. This free internet-based system allows businesses to determine the eligibility of their employees to work in the United States.
• Conrad 30 J-1 doctors. This program allows J-1 doctors to apply for a waiver of the two-year residence requirement after completing the J-1 exchange visitor program. The expiration only affects the date by which the J-1 doctor must have entered the United States; it is not a shutdown of the Conrad 30 program entirely.
• Non-minister religious workers. This special immigrant category allows non-ministers in religious vocations and occupations to immigrate or adjust status in the United States to perform religious work in a full-time, compensated position.

Generally, if the government shuts for budgetary reasons, all but "essential" personnel are furloughed and are not allowed to work.

• January 21, 2018 Update: USCIS has confirmed that DACA renewal processing will continue.

DOS: Visa and passport operations are fee-funded and should not be impacted by a lapse in appropriations, but operating status and funding will need to be monitored closely. If visa operations are affected, consular posts will generally only handle diplomatic visas and "life or death" emergencies.

CBP: Inspection and law enforcement personnel are considered "essential.” Ports of entry will be open; however, processing of applications filed at the border may be impacted.

ICE: ICE enforcement and removal operations will continue, and ICE attorneys will typically focus on the detained docket during a shutdown. The ICE Student and Exchange Visitor Program (SEVP) offices are unaffected since SEVP is funded by fees.

EOIR: EOIR's detained docket is typically considered an essential function and would therefore continue to operate. During the 2013 shutdown, EOIR continued to accept court filings, even in non-detained cases.

**DOL: The OFLC would cease processing all applications in the event of a government shutdown, and personnel would not be available to respond to e-mail or other inquiries. OFLC's web-based systems, iCERT and PERM, would be inaccessible, and BALCA dockets will be placed on hold. - This means no labor certification processing until the government shutdown is over.

CIS Ombudsman: The DHS Office of the CIS Ombudsman would close and would not accept any inquiries through its online case intake system.

Automatic Extensions of EADs Provided by the “Retention of EB-1, EB- 2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers”

Some "good news" in the torrent of disastrous Executive Orders on Immigration.

On Jan. 17, 2017, a final rule, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” amending DHS regulations went into effect. The new amendments provide for automatic extensions of the validity periods of certain Employment Authorization Documents (Form I-766) for up to 180 days for individuals who:

• Timely filed to renew an Employment Authorization Document (EAD);
• Are applying to renew an EAD in the same category as the previous EAD (A12 and C19 are considered the same category for this extension); and
• Are in a category that is eligible for the extension. 

January 22, 2017 - Employers Must Use Form I-9 Dated 11/14/2016

Beginning Jan. 22, 2017, employers must use the 11/14/2016 N version of Form I-9, Employment Eligibility Verification, to verify the identity and work eligibility of every new employee hired after Nov. 6, 1986, or for the reverification of expiring employment authorization of current employees (if applicable).

USCIS Provides an Updated M-1053 - E-Verify User Manual

USCIS provides an updated M-1053, E-Verify User Manual for Corporate Administrators which provides guidance on E-Verify processes and outlines the rules and responsibilities for corporate administrators enrolled in E-Verify.