2013

The Department of Labor responds to delays and hardships caused from shutdown:

condones delay and more

Government shutdown ends and federal employee return to work.  Prevailing wage determiation and labor certifiction to be done with the department of labor prior to filing H-1b, H2-A and H2-B visa and employement based greencard petitions can now be processed. 

U.S. Citizenship and Immigration Services (USCIS) offices will remain open all over the world duing the U.S. government shutdown. Following message is received from the agency on 10/1/2013:

"USCIS operations continue despite the Federal Government shutdown, because fee-for-service activities performed by USCIS are not affected by a lapse in annual appropriated funding. Therefore, all USCIS offices worldwide are open for interviews and appointments as scheduled. E-Verify is an exception and is unavailable during the shutdown."

DOS: Passport and visa operations and critical assistance to U.S. citizens overseas will continue.  Department of State will continue as many operations as possibe but will closely monitor its available funding.

ICE: website will not be updated.  American Immigration Lawyers Association reports that ICE enforcement and detention will continue. 

SEVP: AILA report that this branch is functioning normally as it is fee funded activity.  International Students in F nd M status and Designated Student Officers should continue to follow existing regulatory requirements.   

CBP: Port of entry and border patrol operations would continue.

US mail: operating normally

Department of Labor: affected.

Employment based immigration processing or filing (accepting applications or responses) will not go on.  This means prevailing wage determination, Labor Condition Applications, temporary or permanent emplyment certification, PERM system are defunct.  Administrative Law Judge will not be hearing scheduled cases and and rescheduling is postponed until resolution of situation.

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Homosexual marriage partners may now seek immigration benefits.  Supreme Court strikes down today 6/26/13 the Defense of Marriage Act (DOMA) as unconstitutional. This opens the doors for gay and lesbian partners in certain states.

H1-B CAP for FY 2014 is reached on 4/5/2013.

New H1B Premium Processing is suspended until 4/15/2013.

USCIS announces changes to I-9 verification form.  This form is acceptable starting 5/7/13.  USCIS would not accept older versions of thie form I-9.

Disclaimer: The information contained herein is for general purpose only and not a legal advice. The contents posted herein may not be updated and carry no assurance of accuracy.