2023 Immigration Processing Impacts of a Possible Government Shutdown
As we prepare for a possible federal government shutdown on Sunday, October 1, please review the information in this email to better understand the impact of a government shutdown on immigration processes for our departments, international students, faculty and scholars.
Below are the impacts of a possible federal government shutdown by government agency:
USCIS – Because the agency is funded by fees, the agency will continue to process H-1B, O-1, E3, TN and permanent residency applications. Although we expect some processing delays, the applications that we have currently pending at USCIS will be processed and adjudicated. As usual, we will contact you as soon as we receive receipt and approval notices.
F-1 students using OPT will be able to file applications for the initial period of OPT and STEM Extensions. CPT applications will be accepted as they are adjudicated on campus.
Special note for departments who have sponsored H-1B employees and placed them at third party sites, such as a federal agency: Per U.S. Department of Labor and H-1B regulations, the University of Maryland must continue to pay H-1B workers the required wage rate for all nonproductive time in accordance with the conditions of the Labor Condition Application. Please consider bringing employees to campus to continue their research.
Customs & Border Protection – Services at ports-of-entry by air and land will continue as usual, including the electronic I-94 process.
SEVIS – Compliance reporting for the university will remain operational because the Student and Exchange Visitor Program is self-funded by SEVIS fees. All J-1 and F-1 status holders will be able to request I-20s and DS-2019s.
The U.S. Department of Labor (USDOL) has closed historically during the government shutdown. USDOL issues the Prevailing Wage Determinations and certifies the Labor Condition and PERM Applications that are required for us to file H-1B , E-3 and select permanent residency cases with USCIS. During the shutdown, they will neither accept nor process any pending applications. ISSS will be contacting departments to review the impact on their individual cases.
Department of State – At this time, U.S. embassies abroad will continue to issue visas, but they report that a long-term shutdown may require that services be limited and this may impact visa applications for international faculty and scholars.
The Social Security Administration will be processing applications during the government shutdown.
We are happy to assist you with your questions and concerns. Please contact an ISSS staff member for additional information.