How a Federal Government Shutdown Affects U.S. Employment-Based Immigration

  • Because U.S. Citizenship and Immigration Services (USCIS) is funded by user fees, USCIS remains open and will continue to accept and process applications. There are some exceptions to this rule for programs that receive appropriated funds, including E-Verify, the EB-5 program, Conrad 30 J-1 doctors and non-minister religious workers. 
  • In the past, when the government reopened, USCIS accepted late I-129 filings provided the petition was submitted with evidence that the primary reason for failing to timely file an extension of stay or change of status request was the government shutdown. 
  • Note that the unavailability of E-Verify does not change the requirement for employers to complete Form I-9 no later than the third business day following an employee’s first day of work for pay. 

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