It is our hope that this story will be out of date by the time you read this newsletter. But as of December 29th, the last working day of 1995, the federal government remains shutdown. This is the longest such closure in United States history. While certain government functions continue, there have been substantial disruptions in overall visa processing. Most INS operations are continuing uninterupted since processing is paid for with user fees and not government appropriations. So there have been no serious delays in applications filed with regional service centers and local INS offices. Some INS offices have cutback on informational services, however, and others are, reportedly not accepting new applications. Your best bet is to not assume the local office is functioning and to check first.
H-1B and labor certification activities have been disrupted since the US Department of Labor is not operating. There are remedies available if you are caught in a situation where you need to file an H-1B application right away due to falling out of status. You should consult with an immigration attorney to learn more about potential solutions.
Persons seeking visas at US Consulates are out of luck until the government reopens. If you had an appointment for a visa interview and the interview has been canceled due to the shutdown, your interview must be rescheduled by the Consulate.
Proceedings in front of Immigration Judges have also come to a halt and will have to be rescheduled. You or your attorney will be notified of rescheduling by the Immigration Judge’s clerk after the shutdown ends.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.