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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