Government Shutdown Will Affect Perm Processing From: USADNEWS Volume VII, Issue News Flash, October 1, 2013 The partial shutdown of the federal government that went into effect on October 1, 2013 will affect the processing of labor certification applications and appeals. Because the U.S. Congress could not reach a budget agreement before the September 30th deadline, non-essential services have to be suspended due to lack of funding. The government will continue activities that provide for national security and protect life and property, including air traffic control, border protection, law enforcement, and emergency medical care. Agencies that operate with independent sources of funding, such as the Postal Service and Federal Reserve, will remain open. This means that certain passport and visa services that are funded by processing fees will continue to operate. U.S. Citizenship and Immigration Services (USCIS) will also continue to function because their services are largely funded by filing fees, although functions may be limited. The Department of Labor (DOL), however, does not operate on a fee-based system and will cease to accept or process any applications or audit responses for labor certifications or prevailing wage determinations. This has the potential to disrupt cases where clients are facing deadlines for H1B filings or expirations related to prevailing wage determinations. The duration of the government shutdown depends on how soon Congress can reach an agreement on funding. It could last for only a day or two, or could extend for several weeks. The last government shutdown lasted twenty-one days from December 16, 1995 to January 6, 1996, however between 1981 to 1995 there were nine previous shutdowns that lasted only three days or less. The severity of the impact on labor certification cases will depend largely on how long the shutdown lasts.
Posted on: Tue, 01 Oct 2013 19:32:33 +0000
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