This is an update regarding the potential government shutdown that would start this Saturday, December 21, 2024.
If the shutdown happens:
- USCIS (US Citizenship and Immigration Services): should not be majorly impacted, as it is a fee-based service, although it is very possible that there will be slowdowns.
- DOS (Department of State): there could be major delays at the Consulates to get visa stamps, even though the DOS is also fee based. Also, it is possible the Consulates will limit visa issuance to emergency situations only.
- DOL (Department of Labor): the most impacted will be the DOL, which is not fee based – the DOL handles the Labor Condition Applications (LCA), PERM certifications, and Prevailing Wage Determinations. Historically, the processing of these will stop for the duration of the shutdown. This will impact PERM cases as well as LCA’s for H-1Bs, E-3s, H1-B1s. In the past, USCIS made an exception for some H-1Bs where there were status issues, allowing the H-1B to be filed despite the absence of a certified LCA. However, it was a limited exemption and there is no guarantee it will be offered again.
For anyone on H-1B, E-3 or H-1B1 status, it is very possible we would not be able to submit the required LCA to DOL (a necessary part of the prefiling preparation process) if the shutdown happens, until the shutdown resolves.
We will know more if or when the shutdown occurs. It is also possible it doesn’t occur, but we are giving you a heads up just in case.
As a reminder, J&H will be closed for the holidays from December 25, 2024 to January 1, 2025, returning to regular office hours on January 2, 2025.
