Tuesday, October 1, 2013

What the shutdown means for immigrants and those who employ them

Update for Immigration Clients: What the Government Shutdown Means (Updated 10/1/13)

CIS: Citizenship and Immigration Services is largely funded by filing fees paid by petitioners and applicants. As such, it will continue to accept and process petitions and applications, to holds Infopass and Biometric appointments and to conduct interviews. E_Verify will be unavailable due to the government shutdown.

DOL: Department of Labor (DOL) is curtailing all activities. The activities of the Office of Foreign Labor Certifications are considered non-essential and will be shutdown. Employees of the OFLC will be furloughed until funding is restored. As of October 1, the OFLC is not accepting or processing any applications or related materials (such as audit responses), including Labor Condition Applications, Prevailing Wage Determination, Applications for Temporary Employment Certification, or Applications for Permanent Employment Certification. OFLC's web site and the iCERT Visa Portal will be unable to process any requests or allow authorized users to access their online accounts.

DOS: Department of State (DOS) will continue with normal operations until funding is depleted. As of October 1, the Consular Sections of Embassies and Consulates are continuing to hold visa appointments, to process visa applications and to issue immigrant and non-immigrant visas.

EOIR: Executive Office of Immigration Review (EOIR) will be mostly shutdown. With the exception of the “detained docket” i.e. cases for aliens who are in detention, the Immigration Courts will not be operating. As with other agencies, EOIR personnel who are non-essential will be furloughed until funding is restored. The Board of Immigration Appeals (BIA) is processing emergency stay requests as well as cases where the alien is detained, including case appeals, motions, federal court remands, and bonds.

ICE: Immigration and Customs Enforcement (ICE) detention and enforcement operations shall continue. The Office of ICE’s Chief Counsel and Trial Attorneys will work on the detained docket only during the government shutdown.

CBP: Customs and Border Protection (CBP) will continue all operations at international airports in the U.S., pre-flight inspection stations outside the U.S., at land borders and ports-of-entry.

For any additional information, please contact this office or, for regular updates, check www.hirschlaw1.com our Facebook page, www.facebook.com/hirschlaw1.

Matthew I. Hirsch

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