How the Federal Government Shutdown Affects U.S. Employers and Foreign Nationals

As of 12:01 a.m. October 1, the federal government shut down. This has closed multiple federal agencies, including certain functions of the U.S. Department of Labor (DOL).  Businesses and individuals should be aware of the immediate implications for employment-based immigration matters.

This article discusses the impact on services related to H-2A, H-2B and H-1B visas and the Program Electronic Review Management (PERM) system.

H-2A Visas

Labor certification processes for H-2A visas are temporarily halted because of DOL unavailability.  No new H-2A job orders can be filed until the DOL reopens.  New and pending H-2A applications will not be reviewed or approved until the DOL resumes its normal operations.

Expect that any current H-2A applications awaiting review or processing may be delayed. Support and guidance from Department of Labor staff regarding H-2A visas may be unavailable during this period.

When service resumes, expect significant backlogs and further delays in processing applications and worker arrivals.

H-2B Visas

Be aware that no prevailing wage requests can be submitted, and pending determinations will not be processed until the federal government reopens.

Labor certification processes for H-2B visas are temporarily halted because of DOL unavailability. New and pending H-2B applications will not be reviewed or approved until the DOL resumes normal operations.

Also, support and guidance from Department of Labor staff regarding H-2B visas may be unavailable during this period. When service resumes, expect significant backlogs and further delays in processing applications and worker arrivals.

H-1B Visas

Labor certification processes for H-1B visas are temporarily halted.  No documentation requiring DOL certification can be submitted at this time. Consequently, all H-1B visa petitions, including new filings, extensions, and amendments must be placed on hold until DOL operations resume.

PERM

No Prevailing Wage requests can be submitted, and pending determinations will not be processed until the government reopens.

Neither ETA-9089 PERM applications nor responses to audits or Requests for Information (RFIs) can be filed.

For urgent deadlines, we are preparing to file ETA-9089 applications via paper to preserve timely filing. If this applies to your case, we will reach out with instructions and a paper version of the ETA-9089 form. Once the DOL resumes operations, we will refile the ETA-9089 electronically and provide proof of timely paper submissions to ensure compliance with regulatory requirements.

Please contact Brandon Davis or any member of the Phelps Immigration team if you have questions or need advice or guidance.