The current government fiscal year will toll on September 30. In order to provide continued funding for the federal government, Congress must pass legislation permitting further spending by December 20.[1] If an agreement cannot be reached by this time, the federal government faces a shutdown.
If a shutdown does occur, this means that spending ceases on federally funded agencies and the associated programs. Generally, this means that the work those organizations were doing pauses, unless it is deemed necessary. If the work is deemed necessary, the employees of those agencies are generally expected to work without pay until a new spending bill is passed and normal function resumes.[2] If the agency is not deemed necessary, employees will be furloughed until there is funding to resume work.
Immigration is generally not considered necessary in these circumstances. Fortunately, the United States Citizenship and Immigration Services (USCIS) are largely funded by filing fees. As a result, operations are not affected by a funding-related shutdown. This means that cases being processed by USCIS will continue being accepted, reviewed and adjudicated as normal. However, the Department of Labor, and by affiliation, the Office of Foreign Labor Certification (OFLC), would be affected by a shutdown. The OFLC processes filings for Prevailing Wage Determinations (PWDs), Labor Certifications (PERMs) and H1B Labor Condition Applications (LCAs), among other case types. In the event of a shutdown, petitioners may continue to file cases with this agency. However, no action will be taken on these, or any other cases already filed, until the approval of a new spending bill.
As of the time of writing, Congress has passed a short-term measure to provide funding to the federal government until December 20. However, if additional legislation is not approved by this time, the federal government faces a shutdown.[3]
[1] Congress funds the government but faces another shutdown threat before Christmas (msn.com)
[2] The federal employees who work or are furloughed in a government shutdown – Washington Post
[3] Congress funds the government but faces another shutdown threat before Christmas (msn.com)
Written by Ciara Melville.
