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US government shutdown and How it can effect H1B visa for students

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Last updated: 2023/09/30 at 6:37 PM
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US government shutdown and  How it can effect H1B visa for  student

Introduction to US government shutdown and How it can effect H1B visa for student

If Congress doesn’t approve money for the fiscal year beginning Oct. 1, American government operations would be hampered and hundreds of thousands of federal employees would be placed on unpaid leave. Essential employees would continue working but not be paid.

Contents
Introduction to US government shutdown and How it can effect H1B visa for studentThe US shutdownHow it will affect H1B and E-3sReview of immigration

The US shutdown

There are only three days left until a possible US government shutdown, which is expected to cause political instability and hamper government functions.
A potential government shutdown in the US, which would likely result in political unrest and delays to government services, is just 4 days away. There are several services that the shutdown may impair even though US Citizenship and Immigration Services (USCIS) is supported by fees paid by stakeholders and is not dependent on congressional appropriations to fund its operations.
Government shutdowns in the past have resulted in significant delays, and USCIS has acknowledged those by citing “government shutdown-related delays as excusable,” which may affect services like H-1B extensions without mandating that employees leave the country.

How it will affect H1B and E-3s

Government shutdowns in the past have resulted in significant delays, and USCIS has acknowledged those by citing “government shutdown-related delays as excusable,” which may affect services like H-1B extensions without mandating that employees leave the country.
The US Department of Work processes applications for H-1B, E-3, and H-1B1 work conditions. Due to the department’s closure, these services will suffer.

Prevailing wage, PERM labor certification, and other processes will no longer be handled by the DOL Office of Foreign Labor Certification (OFLC).

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Additionally, this department’s workers won’t be available to answer inquiries and there won’t be any online tools for uploading, monitoring the status of, or filing documents, among other things.
Student and Exchange Visitor Program through ICE
Enforcement and removal actions by Immigration and Customs Enforcement (ICE) will continue, and ICE attorneys will normally concentrate on the detained docket during a shutdown. Therefore, since SEVP is funded by fees, ICE Student and Exchange Visitor Program (SEVP) offices (for, for example, F-1, J-1, M-1 visas) will continue to be open.

Review of immigration

Immigration court cases on the detained docket will continue as planned during a funding lapse in Congress, while those on the non-detained docket will be rescheduled for a later time when money is reinstated. Courts that have dockets for detained cases will continue to take in and handle files pertaining to detained matters. According to Morgan Lewis, courts that only deal with non-detained cases will remain closed and not accept any files.

-Ankit Raj Sharma

TAGGED: H1B visa, student, US government
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