In the event that the Federal Government shuts down at midnight tonight should the federal spending bill not be passed, we anticipate that most agencies that process immigration matters will remain open based on past experience with government shutdowns. Normally, those who are considered to be "essential" Federal Government employees will continue to work, while all others will be furloughed. Also, fee-funded agencies have remained open for business under past administrations.
Since USCIS and the Department of State are fee-funded, petition and visa processing should not be affected by the shutdown. US Customs and Border Protection and Immigration and Customs Enforcement personnel are considered "essential", so these agencies should continue to operate, as well. The US Department of Labor, however, will likely not continue to process PERM Labor Certifications and Labor Condition Applications.
Maggio Kattar will continue to monitor developments on Capitol Hill and will update this alert if and when new information becomes available.