US Govt Shutdown: The US Government is currently facing a funding gap because Congress has not yet passed a budget bill. As such, many federal services designated as non-essential are temporarily stopped. One significant area affected is immigration processing – specifically, immigration processes for employment-based visas such as H-1B or green cards.
Which Services Are Affected?
Department of Labor (DOL) services halted.
DOL is the agency that is responsible for certifying Labor Condition Applications (LCAs) and PERM certifications, which are the basis for many of the H-1B and employment-based green card applications. DOL will not function during the partial shutdown.
USCIS
USCIS (Citizenship & Immigration Services) is funded by visa fees (rather than an appropriation through Congress), so they may continue to process applications as they are received. However, new applications that are dependent on a DOL approval may not be processed.
Consular operations abroad
Visa operations at US embassies and consulates would likely continue (also funded by visa fees), but local staffing or only a very limited number of visas may be processed due to fees.
Impact on Indian Applicants
Delays for New H-1B and Green Card Seekers
If you’re applying for new H-1B visas, employer transfers, or adjustments of status, you might find that your application is stalled, especially if your case is waiting for LCA or PERM approval. As one immigration lawyer pointed out, “nobody can get a new H-1B … unless they already got the LCA signed before today.”
Existing Cases are Mostly Protected
The people who got DOL approval before the shutdown will likely see their cases continue processing through USCIS in most situations. Family-based green card applicants will also probably not be affected, since those applications typically go through a different process.
Uncertainty at Consulates
Embassies may remain open, but there is some professionalism involved in how to set budgets or staffing back if they are affected. Some visa issuance appointments may be postponed.
Why Indian Professionals Are Vulnerable
A significant number of H-1B and employment-based green card applicants are Indians. Any delay in certification or processing can lead to the loss of job offers, delays in projects, and become a longstanding immigration delay. The timing of the government shutdown will matter even more for people in the pipeline or just about to file.
What can applicants do?
File early -If possible, get your essential certifications (LCA, PERM) approved before any known funding gap is anticipated.
Keep an eye on the status updates relevant to your application – Pay close attention and follow announcements from USCIS and DOL.
Look toward your immigration counsel for appropriate means – Legal experts can help provide workarounds and contingencies.
Finally, have a backup plan – Think about backup visas, finding remote work options, and/or alternate countries if delays become long-term.
