Federal Government Shutdown

Federal Government Shutdown
October 2, 2013

This is an update to our 9/26/13 article Possible Government Shutdown.


Department of Labor


  • Processing of pending PERM (labor certification) cases has stopped due to the shutdown.
  • New PERM cases cannot be filed.
  • Prevailing wage requests cannot be processed nor filed (PW is required before PERM can be filed).
  • LCA (Labor Condition Application), which is required for H-1B filing, are not being processed due to the shutdown.


US Citizenship and Immigration Services


  • All USCIS offices worldwide are open and case processing is expected to continue as normal.
  • E-Verify is unavailable due to the government shutdown.


Although USCIS operations are normal, H-1B filing is significantly impacted by the fact DOL is not processing LCAs.  Due to concerns as to how this will impact the ability of employers to timely file H-1Bs and for individuals to maintain lawful status, AILA has asked USCIS to accept H-1B petitions without a certified LCA.  Stand by for further updates.


Customs and Border Protection


  • All U.S. Ports of Entry are open.  CBP operations will continue because they have been deemed necessary law enforcement, or necessary for the safety of life and protection of property.


Department of State


  • DOS has stated it will continue as many normal operations as possible. At this time, there is no report of US Embassy/Consulate shutdown so visa processing should continue but will need to be monitored closely.