Labor Immigration Law

United States Labor Immigration Law News and Analysis

Government Shutdown Articles

PERM Statistics from the Department of Labor (FY2014 Q1)

The Department of Labor has provided some updates for the first quarter of the Fiscal Year 2014 (October 1, 2013 to December 31, 2013) on their processing of PERM cases and we are happy to share them with our clients and readers.    Please note that this period reflects the period of the partial government shutdown where DOL’s operations were suspended for 16 days.

DOL Processing Statistics (First Quarter, 2014 Fiscal Year)

PERM

According to the report, during the quarter, there were 17,623 cases received (slight 3% increase from the same period in the prior year), 9,076  certified (notable decrease by about 25% from the prior year), 1,039 denied (another notable decrease) and 949 withdrawn (about 50% increase).  Since the net amount of applications filed exceeded the number of applications adjudicated, DOL’s PERM load has grown during the quarter by about 7,000 cases.  This is also evidenced by the increasing PERM processing times (see the most recent report from February 2014).

Of the pending applications at DOL, 64% are pending analyst review (major increase from a year ago when the percentage was 47), 25% are in audit (decrease from 37%), 9% are on appeal (decrease from 14%) and 1% are in sponsorship verification (at filing).  It is interesting to note that there were no cases reported in supervised recruitment — we believe that this may be incorrect reporting, because there are supervised recruitment cases right now at DOL.    It is also notable that the percentage of cases pending analyst review have increased very substantially, while the audits have decreased somewhat.

Prevailing Wage Determinations

The prevailing wage report provides some detailed breakdown of the rate of filings in addition to details about top employers, top occupations and top areas.   During the first quarter, there were approximately 29,612 prevailing wage determination requests filed — of those, 23,585 were for PERM cases (decrease of 3,000 or 8%), 1,404 were for H-1B cases (decrease of 400 or 21%) and 4,625 were for H-2B cases (notable increase of 48%).

In terms of activity, less prevailing wage determinations were issued in Q1 compared to prior quarters – 23,850 (most likely due to the government shutdown).   The number of pending applications has increased compared to a year ago significantly – there are 19,972 prevailing wage cases pending on December 31, 2013 compared to 11,519 on December 31, 2012.

H-1B/LCA

The H-1B/LCA report also provides a breakdown in the rate of filings, in addition to some details about the top LCA filers, in addition to the top positions and geographic areas.    Since this quarter fell entirely outside of the H-1B cap filing season, the number of LCA filings is low compared to other quarters during the year.    But this report was affected by the government shutdown in October 2013.    Even then, there were 67,645 H-1B LCA filings in the first quarter, an increase over the prior year’s period which may be attributed to the rush of LCA filings post-government shutdown.    During the quarter, there were 69,334 LCAs certified for 144,657 positions (one LCA can include more than 1 position).

According to DOL, 79% of the LCAs are processed timely within seven days of receipt (last year’s period metric was 99%).     The rate of LCA denial is very small (1,858 out of 79,304 determinations) and the main reasons remain (1) FEIN mismatch or failure to verify before LCA filing  or (2) prevailing wage tracking number issues.

Conclusion

The first quarter of the FY2014 was a turbulent time at DOL due to the government shutdown and the reports provided for this period reflect this.      We are hopeful that DOL would work on decreasing its load and processing times, especially for the PERM cases where the processing times have increased significantly.    We will continue monitoring DOL processing metrics and report any notable developments and trends.      Please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.

No comments

E-Verify System Available Again – Important Post-Shutdown Notes and Guidance

As an E-Verify designated agent, the Capitol Immigration Law Group handles the E-Verify processing for many employers and we would like to pass on some important post-government shutdown E-Verify information to our clients and to all companies who are working with E-Verify.     Most importantly, USCIS has confirmed that the E-Verify system is now back online and operational.  As a reminder, even though USCIS was largely not affected by the shutdown, the E-Verify system had to be shut down on October 1 as part of the partial government shutdown.   But as the government is not open again, E-Verify is now back online.

Form I-9 Requirements Not Affected By Shutdown

The Form I-9 requirements were not affected during the federal government shutdown. All employers must complete and retain a Form I-9 for every person hired to work for pay in the United States during the shutdown.

E-Verify 3-Day Requirement Extended to November 5, 2013 for Shutdown-Affected Cases

E-Verify requires that an employer create and submit an E-Verify case check within 3 days of hire.   However, due to the shutdown, this was not possible and now USCIS is providing some guidance to those E-Verify cases which were delayed due to the shutdown.

According to USCIS, each employer (or their designated agent) must create an E-Verify case for each employee hired during or otherwise affected by the shutdown by November 5, 2013.   If the employer is prompted to provide a reason why the case is late (i.e., does not conform to the three-day rule), select ‘Other’ from the drop-down list of reasons and enter ‘federal government shutdown’ in the field.

Employees who received a Tentative Nonconfirmation (TNC).   If an employee had a TNC referred between September 17, 2013 and September 30, 2013 and was not able to resolve the TNC due to the federal government shutdown, USCIS instructs the employer to add 12 federal business days to the date printed on the ‘Referral Letter’ or ‘Referral Date Confirmation.’ Employees have until this new date to contact the Social Security Administration (SSA) or the Department of Homeland Security (DHS) to resolve their cases. If there is an employee who decided to contest his or her TNC while E-Verify was unavailable, the employer should now initiate the referral process in E-Verify. Employers may not take any adverse action against an employee because of a TNC.

Employees who received a SSA Final Nonconfirmation (FNC) or DHS No Show Result.   If an employee received a Final Nonconfirmation (FNC) or No Show because of the federal government shutdown, USCIS instructs the employer to close the case and select “The employee continues to work for the employer after receiving a Final Nonconfirmation result,” or “The employee continues to work for the employer after receiving a No Show result.” The employer must then enter a new case in E-Verify for that employee. These steps are necessary to ensure the employee is afforded the opportunity to timely contest and resolve the Tentative Nonconfirmation (TNC) that led to the FNC result.

E-Verify and Federal Contractors

During the federal government shutdown, federal contractors could not enroll or use E-Verify as required by the federal contractor rule. If your organization missed a deadline because E-Verify was unavailable or if it has an upcoming deadline for complying with the federal contractor rule, USCIS advises the organization to notify their contracting officer.

Employees Afforded Additional Time to Contest Tentative Nonconfirmation (TNC)

If the federal government shutdown prevented an employee from contesting a Tentative Nonconfirmation (TNC), USCIS advises that the employee will be allowed additional time to contact the Social Security Administration (SSA) or Department of Homeland Security (DHS).  If the TNC was referred between September 17, 2013 and September 30, 2013, and the employee was not able to resolve the mismatch due to the federal government shutdown, the employee should add 12 federal business days to the date printed on the ‘Referral Letter’ or ‘Referral Date Confirmation’ that the employer provided after the employee contested the TNC. Federal business days are Monday through Friday and do not include federal holidays.   The employee should then contact SSA or DHS by the new date to resolve the TNC.

On the other hand, if an employee received a Final Non-Confirmation (FNC) because the employee could not contact DHS or SSA during the federal government shutdown, or because the employee could not contact DHS or SSA in the first ten days after the government reopened, the employee should contact the employer and request that the employer re-enter the employee’s query.

Conclusion

We hope that these notes and guidance from USCIS on what E-Verify employers and affected employees should do if their case is affected by the shutdown is helpful to our clients and readers.    We should caution that the E-Verify system may experience delays and glitches as a result of the shutdown and the increased usage of the system.

As a designated E-Verify agent, we are able and happy to handle this (and related E-Verify) processes on behalf of our corporate clients.    Please feel free to contact us if our office can be of any assistance or if we can provide an E-Verify services proposal.   Please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics.

No comments

U.S. Federal Government Reopens Today, October 17th – DOL Backlogs Expected

The 16-day long partial U.S. federal government shutdown has ended last night after both chambers of the U.S. Congress passed a (temporary) budget measure (more on this below) and, after the President signed it, reopened the U.S. federal government.  As of today, October 17, 2013, federal workers are expected to be on the job.   However, due to the 16-day shutdown and the late night order to reopen, it is expected that it would take some time (days or weeks in some cases) for federal agencies and operations to resume normal operations.     We have written over the past 2-3 week on the impact on immigration caused by the partial government shutdown and while we are happy to see the government resume operations, we expect that immigration-related services to be, at the very least, heavily backlogged for some time.

Department of Labor Likely to be the Major Cause of Immigration-related Delays

Many U.S. employment-related visas (immigrant and non-immigrant) rely extensively, at least during some portion of the process, on the Department of Labor (DOL) – for example, H-1B work visas require a Labor Condition Application (LCA) to be certified by DOL.   An initial stage of the employment-based green card is the filing and the approval of a prevailing wage determination by DOL, followed by the filing and approval of a PERM Labor Certification.    As we had commented over the past few weeks, DOL was severely affected by the shutdown with the majority of DOL’s workers being furloughed and many DOL electronic systems being shutdown over the past 16 days.

As of the time of publication of this article,  DOL’s electronic systems for LCA and PERM Labor Certification processing were still not operational.  We hope that as DOL IT workers trickle into work this morning, these systems will become operational.   Unfortunately, we also expect that these systems may be overwhelmed with traffic as many employers and their law firms (ours included) will rush to file all of the LCA and PERM Labor Certification applications which were put on hold over the last 16 or so days.   We hope that DOL’s systems will be able to accommodate the traffic and the demand — our general estimates are that there may be many thousands of LCA applications waiting to be filed.    With this in mind, we caution our clients and readers to exercise caution and patience in the first few days after DOL reopens.

In addition to the new rush of filings, DOL is already sitting on a number of applications which were filed and pending as of October 1st when the government closed.   This will only add to the backlog of applications.   All of this is likely to result to dramatic increase (at least and hopefully only short-term) in the processing times for LCA and PERM applications.    Even before the shutdown, PERM applications were experiencing some of the longest processing times for the past few years; the shutdown would not help.

USCIS’s E-Verify System Should be Back Online

The major impact on immigration caused by the government shutdown has been via the shutdown of DOL’s operations, as discussed above.    However, other immigration-related functions were also affected.   Most importantly, the E-Verify system should be back online soon (it was not as of the time of this article) and would allow employers to complete a number of pending (and delayed) employment verification checks.   During the shutdown, USCIS advised E-Verify employers that the ‘three-day rule’ for E-Verify cases will be suspended for cases affected by the shutdown.    Now that E-Verify is expected to go back online at any time,  employers must rush to complete these E-Verify checks.     An important note is that the fact that an employer did not have to do an E-Verify check during the shutdown period, does NOT affect the Form I-9 requirement — employers must still (and should have) completed the Form I-9 no later than the third business day after an employee started work for pay.

Careful Planning and Preparation for Delays and Backlogs Important

In light of what we expect to be delays and backlogs, especially at DOL due to the significant volume of new applications to be filed, we caution employers and applicants to anticipate and plan for delays.   We understand that many H-1B applications (especially extensions for H-1B petitions which are expiring) are held by DOL and it may cause H-1B petitions to expire without an ability to extend.   There are ways to handle a late-filed H-1B petition with USCIS and request a retroactive H-1B approval date due to these extraordinary circumstances.    But there are also cases where H-1B workers desperately rely on the filing (or approval) of a PERM application to be able to continue extending their H-1B beyond the six-year H-1B limit and in those cases, there may not be many options to “fix” the possible damage caused by the delay.

Another Shutdown on the Horizon?

The deal which the U.S. Congress reached last night to fund and reopen the government and raise the U.S. debt ceiling is, unfortunately, a short-term deal.   Under the current agreement, the government is funded through January 15, 2014 and the debt ceiling is lifted until February 2014 or shortly thereafter.    What this all means is that if Congress does not make a budge agreement over the next 2-3 months, it is entirely possible that there will be a similar government funding fight and a possible government shutdown on January 15, 2014, or only three months from now.     We hope this is not the case, but we still would like to caution our clients and readers to this possibility.

Conclusion

Over the past few weeks we have consulted with anxious employers and applicants whose immigration status and processes have been severely impacted by the shutdown.    With this in mind, while we are hopeful that the reopening of the government and DOL, specifically, would be smooth, we caution employers to consider alternatives if they or their employees rely on a time-sensitive action by DOL.    Our office is certainly happy to consult and provide suggestions.    Please feel free to contact us.   Our office would also continue to monitor developments and provide timely updates.  Please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics.

No comments

Federal Government Shutdown and Immigration – Update (October 3, 2013)

Our clients and readers are aware that today is the third day the U.S. federal Government is partially closed due to the lack of congressionally-authorized funding.    A week ago, on the eve of the (possible, at the time) shutdown, we shared our expectations on what kind of immigration-related government services will be affected and how.    While our predictions were correct, our office continues to receive numerous calls and emails seeking clarification on how the shutdown may affect certain immigration services.    As a result, we would like to provide an update as to how the partial Government shutdown affects immigration-related services and cases.

USCIS Continues to Operate (Almost) Normally; E-Verify Closed

Because it is a fee-funded agency (applicants pay a fee when they submit an application),  USCIS is not affected by the shutdown and remains open.  Pending or newly filed applications with USCIS are reviewed within the normal processing times – including premium processing cases.    USCIS service centers and field offices continue to adjudicate cases normally; additionally, Infopass and ASC biometrics appointments should not be affected.

It should be noted that many USCIS cases are related to other agencies.  For example, H-1B petitions require a Labor Condition Application (LCA) be certified by the Department of Labor.  As a result, when the Department of Labor is closed (see below), at least some H-1B cases which are due to be filed will be delayed.

USCIS has indicated that the E-Verify system will be closed for the duration of the shutdown.    This means that E-Verify employers will not be able to process new hires’ E-Verify checks; in addition to any E-Verify system-related activities.   USCIS has advised E-Verify employers that the ‘three-day rule’ for E-Verify cases will be suspended for cases affected by the shutdown.   Please note that the fact that an employer does not have to do an E-Verify check during the shutdown period, does NOT affect the Form I-9 requirement — employers must still complete the Form I-9 no later than the third business day after an employee starts work for pay.

Department of State/Visa Processing Normal

The Department of State has indicated that many Consulates’ visa processing functions would continue as scheduled and visa interviews and processing will not be affected.   We hear confirmations from clients and readers from different consular posts that visa processing is normal.    We still caution visa applicants to double-check with the Consulate whether there may be any changes in the interview scheduling or processing.

Cases processed at the National Visa Center (NVC) should not be affected as well by the shutdown as they are mainly processed by contractors under existing funding agreement.

Generally, the State Department has been designated to be a “national security agency” which means that it would continue working throughout the shutdown.   However, in the cases where State Department operations are in other federal buildings which are affected by the closure,  such State Department operations may be disrupted because of lack of access to the facility.

CBP Border Processing Continues Without Disruption

Customs and Border Protection (CBP) operations should continue normally – most of CBP’s staff is to remain on the job.    While delays at the border processing are possible, they should not be significant and should not be primarily caused by CBP staffing issues.

Department of Labor – Most Operations Closed; LCA/PERM Applications On Hold

Unlike USCIS and the State Department, the Department of Labor (DOL) is significantly affected by the shutdown and its LCA/PERM operations (and websites) are suspended for the duration of the shutdown.

As a result, no new LCAs can be filed and pending LCAs are not subject to the seven business day review requirement and will not be reviewed and certified until DOL reopens.  This is a significant problem for employers and employees who need to have a new LCA filed and approved in connection with an expiring H-1B petition or in connection with an H-1B amendment.    Without a certified LCA,  an H-1B petition with USCIS cannot be filed.    This creates significant challenge to many employers and individuals whose H-1B petitions must be filed or amended and especially for those individuals whose status may be expiring.    In the past and in exceptional circumstances, USCIS has agreed to accept H-1B petitions without a certified LCA; however, USCIS has not yet confirmed (as of the time of this article) that they would do so this time around.

Similarly, no new PERM cases can be filed and pending PERM cases will be put on hold.   This also can be a significant problem to many because the PERM process has very strict deadlines and a PERM case (and its entire recruitment) may have to be redone if a PERM application cannot be filed within the applicable filing window.   Additionally, filing a PERM by a certain date is critical for many H-1B workers who are seeking to be able to continue extending their H-1B petitions beyond their six-year H-1B limit.     A delay in filing a PERM may cause certain H-1B workers to run out of H-1B time without an ability to continue extending H-1B on the basis of a PERM pending for more than 365 days.

On a related note, prevailing wage determination requests are also shutdown so no new requests can be filed while pending requests are on hold.    A delay in the issuance of a prevailing wage determination may affect a number of PERM cases where there is a timing concern – such as six-year H-1B limit or expiring PERM recruitment.

Shutdown in DOL means that processing times and backlogs would be significant once the Government and DOL reopen.    Once DOL reopens we expect that there will be a rush of LCA, prevailing wage and PERM filings.   Similarly, the cases already pending will have to be prioritized and reviewed.    This is likely to contribute to a delay in getting LCAs, prevailing wage requests and PERMs certified (especially since the PERM processing times are substantial already).

Conclusion

While many immigration-related government operations remain open, there are many essential functions (at DOL, primarily) which are closed and will create substantial difficulty and anxiety to a  number of applicants – mainly those who  need to file a new H-1B or a PERM Labor Certification.     The shutdown would also create a significant increase in the processing time backlogs for almost all immigration cases.

We urge clients who have time-sensitive cases which may be affected by the government shutdown to plan accordingly.   We stand ready to help analyze any cases which are time-sensitive and may suffer severe negative impact by the shutdown.  Please feel free to contact us.   Our office would also continue to monitor developments and provide timely updates.  Please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics.

No comments

Government Shutdown and Immigration: (How) Will It Affect Me? (September 2013 Edition)

While we are hopeful that this is not the case, it appears that the chances of the U.S. federal government shutting down on October 1st are increasing.   We would like to provide some information as to how a possible government shutdown would affect the immigration cases pending or to be filed shortly.   Our office has been receiving an increasing number of inquiries from alarmed clients as to what would happen should the federal government close on October 1 if a deal is not reached on the federal government’s budget.   (See latest Google News)

How Would a Government Shutdown Affect Immigration Cases?

There is no simple answer to this question, as some federal government agencies would continue to operate, some would close partially and some would close almost completely.  Since the last time this kind of shutdown happened was 15 years ago, there are no clear rules and guidance as to what would remain open and what would close.  With respect to immigration, it appears that there would be some disruptions to pending cases and upcoming filings.   Generally, the government is likely to stop all non-essential, all non-self-funded and all non-contractually funded services.  It is also helpful to look at the preparations for the averted April 2011 government shutdown.

USCIS Cases

Since USCIS is funded primarily through application fees, it is expected that most of its services and centers would operate normally, perhaps with slightly diminished staff.  Because USCIS is a government agency which relies on other government agencies to perform its services, there may be certain disruptions; however, overall, case processing at USCIS is expected to resume.   Border processing of immigrants and border enforcement activities would continue as they are deemed “essential.”

Department of State – No (or Slow) Visa Applications; Visa Bulletin Uncertain; NVC Processing Could Continue

The Department of State (DOS) is expected to to cease non-emergency visa services and non-US citizen services at U.S. Consular Posts abroad.  As a result, no new visas are expected to be issued and visa application interviews are likely to be cancelled (or postponed).   U.S. passport applications will not be accepted and processing of submitted applications is likely to be put on hold.

As a comparison, according to data from the Congressional Research Service Report, during the last shutdown in 1995,  approximately 20,000 – 30,000 visas went unprocessed each day and 200,000 applications for U.S. passports went unprocessed.

It is unknown at this point, however, whether the November 2013 Visa Bulletin, which is expected to be issued in early October by the Department of State, will be affected.   Many of our readers are eagerly expecting each Visa Bulletin.

With respect to immigrant visa (family, employment, etc.) cases pending at the National Visa Center (NVC), it is possible that they would continue to be processed as NVC’s staffing funding was under contract.

Department of Labor – LCA, PERM and Audits

It is unclear exactly how the Department of Labor would be affected.   We expect that ETA Form 9035 LCA filings, used most often in connection with H-1B filings, to be affected.  This may mean that no new LCAs can be filed (and those filed may be put on hold) and, as a result, new H-1B filings can be delayed.

ETA Form 9089 PERM labor certifications are expected to be similarly affected.  It is unclear whether the system allowing new PERM labor certification filings would be shut down; however, we expect that processing of PERM labor certification cases to stop during a shutdown.  This holds true for processing of PERM audits and appeals at the BALCA.   Shutdown in PERM processing would further cause PERM case processing delays, on top of the already significant PERM processing times.

Conclusion

While the full extent of the federal government shutdown (if it were to happen over the next couple of weeks) is unknown; we can anticipate some disruptions to government services affecting immigrants.  Perhaps more severe would be the disruptions to visa applications at U.S. Consular Posts abroad, followed by delays or inability to file H-1B and/or PERM labor certifications.   While some of these affected cases would be able to withstand delay, there would be a number of urgent visa or petition cases which would need to be filed or processed.   The shutdown would also create a significant increase in the processing time backlogs for almost all immigration cases.   We urge clients who have time-sensitive cases which may be affected by a possible government shutdown to plan accordingly.

We stand ready to help analyze any cases which are time-sensitive and may suffer severe negative impact by the shutdown.  Please feel free to contact us.   Our office would also continue to monitor developments and provide timely updates.  Please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics.

No comments

Government Shutdown and Immigration: (How) Will It Affect Me?

Important Update: April 9, 2011: Short-term Government Funding Bill Passed.

As it appears as of the time of this article, the U.S. federal government is likely to shut down, we would like to provide some information as to how the shutdown would affect the immigration cases pending or to be filed shortly.   Our office has been receiving an increasing number of inquiries from alarmed clients as to what would happen should the federal government close on Monday if a deal is not reached on the federal government’s budget.   (See latest Google News)

How Would a Government Shutdown Affect Immigration Cases?

There is no simple answer to this question, as some federal government agencies would continue to operate, some would close partially and some would close almost completely.  Since the last time this kind of shutdown happened was 15 years ago, there are no clear rules and guidance as to what would remain open and what would close.  With respect to immigration, it appears that there would be some disruptions to pending cases and upcoming filings.   Generally, the government is likely to stop all non-essential, all non-self-funded and all non-contractually funded services.

USCIS Cases

Since USCIS is funded primarily through application fees, it is expected that most of its services and centers would operate normally, perhaps with slightly diminished staff.  Because USCIS is a government agency which relies on other government agencies to perform its services, there may be certain disruptions; however, overall, case processing at USCIS is expected to resume.   Border processing of immigrants and border enforcement activities would continue as they are deemed “essential.”

Department of State – No (or Slow) Visa Applications; Visa Bulletin Uncertain; NVC Processing Could Continue

The Department of State (DOS) is expected to to cease non-emergency visa services and non-US citizen services at U.S. Consular Posts abroad.  As a result, no new visas are expected to be issued and visa application interviews are likely to be cancelled (or postponed).   U.S. passport applications will not be accepted and processing of submitted applications is likely to be put on hold.

As a comparison, according to data from the Congressional Research Service Report, during the last shutdown in 1995,  approximately 20,000 – 30,000 visas went unprocessed each day and 200,000 applications for U.S. passports went unprocessed.

It is unknown at this point, however, whether the May 2011 Visa Bulletin, which is expected to be issued over the next few days and which is issued by the Department of State, will be affected.   We hope that it would be released before Monday when a possible shutdown would take effect.   Many of our readers are eagerly expecting the May 2011 Visa Bulletin because it is expected to bring some substantial forward movement to the EB-2 India category.

With respect to immigrant visa (family, employment, etc.) cases pending at the National Visa Center (NVC), it is possible that they would continue to be processed as NVC’s staffing funding was under contract.

Department of Labor – LCA, PERM and Audits

It is unclear exactly how the Department of Labor would be affected.   We expect that ETA Form 9035 LCA filings, used most often in connection with H-1B filings, to be affected.  This may mean that no new LCAs can be filed (and those filed may be put on hold) and, as a result, new H-1B filings can be delayed.

ETA Form 9089 PERM labor certifications are expected to be similarly affected.  It is unclear whether the system allowing new PERM labor certification filings would be shut down; however, we expect that processing of PERM labor certification cases to stop during a shutdown.  This holds true for processing of PERM audits and appeals at the BALCA.

Conclusion

While the full extent of the federal government shutdown (if it were to happen over the next day or two) is unknown; we can anticipate some disruptions to government services affecting immigrants.  Perhaps more severe would be the disruptions to visa applications at U.S. Consular Posts abroad, followed by delays or inability to file H-1B and/or PERM labor certifications.   While some of these affected cases would be able to withstand delay, there would be a number of urgent visa or petition cases which would need to be filed or processed.   The shutdown would also create a significant increase in the processing time backlogs for almost all immigration cases.

We stand ready to help analyze any cases which are time-sensitive and may suffer severe negative impact by the shutdown.  Please feel free to contact us.   Our office would also continue to monitor developments and provide timely updates.  Please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics.

No comments