In a partial shutdown, only "essential" government workers continue their jobs. Others are furloughed. Based upon the law, policy, and our experience, here is how immigration-related services are affected.

USCIS: The majority of the USCIS funding comes from the filing and processing fees we pay. It does not require budget funds for most of its activities, except for the E-Verify program, the EB-5 Immigrant Investor Regional Center Program (not yet reauthorized by Congress), Conrad 30 J-1 programs for physicians, and non-minister religious workers programs.

These programs can be suspended or negatively affected. USCIS should continue to process all other applications and petitions, except for delays, especially where other agencies may be involved. Immigration benefits at the USCIS local offices, such as Adjustment of Status (AOS or Form I-485) appointments, naturalization interviews, etc., should remain consistently available, as should the Application Support Centers for any required biometrics.

During a past shutdown, USCIS excused the delays in filing applications and petitions if the delay was solely because of the government shutdown. For instance, USCIS treated as excusable a failure to timely file for an H-1B extension. Therefore, an untimely extension could be adjudicated without requiring an employee to travel out of the USA for a visa.

DOS: Visa issuance, passport services for US citizens, and other consular functions should continue unless there are localized funding problems in particular consulates. There can be many reasons for such issues, including indirect factors like facility operation expenses that might come out of the budget appropriations.

CBP: Because CBP officers and personnel are "essential" workers, the operations at the US ports of entry and exit should remain unaffected. It is possible that a subset of applications that are filed at the border may be affected.

ICE - Students: ICE activities related to the Student and Exchange Visitor Information System (SEVIS) should not be impacted.

DOL: The immigration functions of the DOL are considered "nonessential" and will most likely be suspended All pending applications: PERM, LCAs, PWD requests, BALCA appeals, etc. will be placed in pending status. DOL personnel will not be available to respond to queries via phone or email. The public will not be able to access the DOL's web-based systems such as FLAG. The DOL will also not accept mail-in applications. We expect the DOL will have to provide some form of relief for all stakeholders who are negatively affected for no fault of their own.

CIS Ombudsman: The Ombudsman's office and online operations will be halted.