Government Shutdown Updates

CIS Ombudsman: The CIS Ombudsman's Office will be closed and will not be accepting any inquiries through their online case intake system.

DOL: OFLC functions are not "excepted" from a shutdown and its employees would be placed in furlough status should a lapse in appropriated funds occur. Consequently, in the event of a government shutdown, OFLC will neither accept nor process any applications or related materials (such as audit responses), it receives, including Labor Condition Applications, Applications for Prevailing Wage Determination, Applications for Temporary Employment Certification, or Applications for Permanent Employment Certification.
OFLC's web site, including the iCERT Visa Portal System and the PERM system, would become static and unable to process any requests or allow authorized users to access their online accounts.

AILA has received reports from members that common courier services (e.g., FedEx) have been unable to deliver to DOL.

DOL's Office of Administrative Law Judges (including BALCA) will be unable to perform any case-related activities, including conducting hearings. Hearings that have been previously scheduled will therefore be cancelled prior to the date of the hearing, and they will not be rescheduled for hearing until an appropriations bill or continuing resolution takes effect. Deadlines that occur during the shutdown will be suspended.

AILA has contacted DOL and USCIS in an effort to obtain information as to how members should proceed with cases that are impacted by the DOL shutdown. While AILA continues to press for answers, in the absence of official guidance from the agencies, members may consider the following approaches (AILA Doc. No. 13100820).

CBP: CBP hosted a conference call with travel and trade industry stakeholders on October 1, 2013, to discuss actions CBP is taking in response to the lapse in appropriations. Acting Commissioner Thomas Winkowski led the discussion. Highlights from the call include:

1. All Ports of Entry are open. There is even no change in using overtime to handle flight arrivals and CBP continues to accept requests from airlines for new service. The Border Patrol and the Office of Air and Marine are also continuing with operations.

2. The Admissibility Review Office (ARO) is open and continues to function.

3. All global entry enrollment centers are open and interviews are continuing and all Trusted Traveler programs continue to function as usual.

4. The CBP website will not be maintained during the lapse in appropriations.

5. Approximately 6,000 CBP positions, primarily held by technicians and support staff, are impacted by the lapse in appropriations.

DHS: Due to the lapse in federal, DHS’s website will not be actively managed.

DOJ OSC : DOJ OSC is closed other than essential litigation functions.

DOS: The Department will continue as many normal operations as possible; operating status and available funding will need to be monitored continuously and closely, and planning for a lapse in appropriations must be continued. DOS will continue passport and visa operations as well as provide critical services to U.S. citizens overseas as these activities are fee-funded and not affected by the lapse in appropriations. Review their “Guidance on Operations” for more information.

EOIR: EOIR has indicated that its response to a potential shutdown is the same as it was in 2011. EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.

ICE: From ICE Community Outreach - ICE detention and enforcement operations shall continue. ICE chief counsel trail attorneys will still work on the detained docket only during a shutdown. Please coordinate with your local Chief Counsel Office on more specifics. The ICE Community and Detainee Helpline will remain operational.

ICE SEVP: From SEVIS - Please note, regardless of the current government shutdown, the Student and Exchange Visitor Program’s (SEVP’s) offices will remain open. This continuation of operations is possible because SEVP is a fee-funded program and does not receive any government-appropriated funds. During this time, designated school officials and F and M students must continue to meet all regulatory requirements. SEVP will remain open and available to answer any inquiries that you may have. If you have any questions, please contact the SEVP Response Center at 703-603-3400 or sevp@ice.dhs.gov.

USCIS: All USCIS offices worldwide are open and individuals should report to interviews and appointments as scheduled. E-Verify is currently unavailable due to a government shutdown. Please see their notice for policies implemented due to E-Verify’s unavailability. AILA asked USCIS if it would accept H-1B petitions without a certified LCA and USCIS indicated it will answer “soon” 

DHS OIG: The majority of DHS OIG staff has been furloughed due to the lapse in appropriations.

SSA: SSA chart indicating which activities will continue or cease during the lapse in Federal appropriations and shutdown of agency operations.