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There is concern that Congressional impasse on funding may lead to a shutdown of the Department of Homeland Security. It is unclear at this time how the regular business of the Department including that of its agencies like U.S. Citizenship and Immigration Services and Immigration and Customs Enforcement will be impacted. The Congress and the Administration have ten days to reach an agreement before funding for the DHS ceases on March 1, 2015.

For those of our clients looking to file H-1B visa cases at the commencement of the Fiscal Year 2016 Cap on April 1, 2015, the impact should be minimal as we expect a resolution to this possible impasse by that time. Additionally, the filing and certification of the Labor Condition Applications should also not be impacted as that is a function of the Department of Labor.

A Federal Judge in Texas has issued an injunction on the President’s executive action on immigration, and consequently the Administration has been forced to postpone its implementation. The Administration has vowed to appeal the ruling but it is expected that it will take a while to move through the court system. Ironically, this action makes it more likely that a short term funding bill for DHS may be approved by Congress as a stop gap measure. The core reason for the standoff on DHS funding lies in many Republican Party members insisting that any funding bill include language undoing the President’s Executive Action on Immigration and Democratic members opposing such measures.

We will keep you abreast of any developments in this area.

Please feel free to contact our firm with any questions or issues that you may have. You may reach us via telephone at +1 (202) 618 4540 or via email at info@USILaw.com.

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