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KLF Client Alert: Update on Preparing for Possible U.S. Government Shutdown

In preparation for the previous possible U.S. government shutdown on October 1, 2023, we published this client alert in late September.

We now have another possible government shutdown looming for midnight on this Friday, November 17, 2023, and Congress is scrambling to try to pass a spending bill to avert it.  Click here to learn about what U.S. government shutdowns are all about, and click here to read about this specific shutdown situation.

Further to our previous alert, we now have the following additional information to share regarding how a shutdown would affect the US immigration system:  
 

  1. DOL confirmed that if the federal government shuts down, they will have to disable the FLAG system that is used to complete PERM Labor Certification filings and will not be able to accept any applications during this period. Additionally, users will not be able to access the FLAG system to print out any previously approved applications.  If there is a shutdown, DOL is considering issuing guidance about flexibilities for employers with filing deadlines.

  2. USCIS may accept late I-129 filings when the government reopens (as it has in the past)  provided there is evidence that the primary reason for a filing delay was the government shutdown.

  3. USCIS has confirmed that employers may continue to use the new alternate document review process for remote Form I-9 document verification if E-Verify is temporarily unavailable due to a government shutdown.

  4. Three in four Department of Homeland Security (DHS) employees would be required to continue working without receiving a paycheck.

  5. Essential personnel who will work during a government shutdown include those responsible for safeguarding and securing borders; processing, detaining, and removing individuals that have unlawfully entered the United States; seizing illegal narcotics, combating child exploitation and child predators;  responding to natural disasters; and protecting against cyberattacks.

  6. The EB-5 Immigrant Investor Regional Center Program could potentially be impacted, but this is not likely as it was authorized through September 30, 2027.

  7. DHS has created guidance in anticipation of the 2023 potential government shutdown, which includes a contingency plan and specifies the Agency’s essential activities.

  8. AILA’s H-2 subcommittee encourages members to draft Forms ETA-9142B well in advance of the January 3-5, 2024 filing deadline to avoid complications from a potential government shutdown.

 
 
Please contact us at info@klugfirm.com or (212) 495-9245 for assistance.

You can access our previous Client Alerts
 here.
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