• Apollo Security International, Inc. of Massachusetts and New York
  • Stock sales to Universal Protection Service, LLC d/b/a Allied Universal Services
  • Massachusetts Clean Energy Technology Center
  • Series A Preferred Stock Investment in 7AC Technologies, Inc.
  • Groom Energy Solutions, LLC
  • Merger with an affiliate of DK Energy U.S., LLC, a subsidiary of The EDF Group of France

Immigration & Employment Impact of Government Shutdown

Berin Romagnolo October 1, 2013

We are here to answer any questions you have about how the federal government shutdown affects the immigration and employment status of non-government worker employees.  Here is a quick synopsis of some key impacts to US businesses.

1.  E-Verify is shutdown.  Employers cannot enter employees into the e-verify system and cannot resolve Tentative Non-Confirmations (TNC).  Employees will still have to complete the I-9 Form within 3 business days of his/her first date of paid work.  But, the 3-day rule for e-verify is extended, and the 8-day rule to resolve TNC’s is extended, and the shutdown days will not count toward the 8 days.  Federal contractors and subcontractors should contact their contracting officers to  inquire about extending deadlines. 

2.  The US Citizenship and Immigration Service (USCIS) is still operating since it operates mostly from fees for services, not appropriations.  So, visa and greencard applications pending with USCIS should continue to be processed.

3.  The US Department of State (DOS) is partially shutdown.  But, the Bureau of Consular Affairs is fee-funded (and not funded by appropriations), and so it will remain open.  This means that US Consulates and Embassies abroad will continue to process visa and greencard applications, and will continue to provide services for US citizens abroad.  However, some passport offices in the US have  limited operations, delaying US citizens’ abilities to obtain and renew passports. 

4.  US Customs and Border Protection (CBP) is operating on a limited workforce.  So, Canadian and Mexican nationals (who would normally be able to come through borders without visas) may be delayed in their entries.  

5.  US Department of Labor (DOL) is largely shutdown.  The DOL has suspended processing Labor Condition Applications for H-1B’s and H-2B’s, prevailing wage determinations, and PERM applications for greencards.  The DOL will not respond to any email requests.  This will delay employers’ abilities to hire H-1B workers and proceed with filing and processing greencard cases. 

6.  Immigration and Customs Enforcement (ICE) has limited operations.  ICE attorneys will continue to work on detained foreign national cases (for deportation, etc.), but likely not much more. 

We are closely watching the impact of the government shutdown and will keep you informed of any other material developments.

If you have any questions about this issue, please contact Berin S. Romagnolo.

This Alert is provided for information purposes only, and does not constitute legal advice.  According to Mass. SJC Rule 3:07, this material may be considered advertising. ©2013 Posternak Blankstein & Lund LLP.  All rights reserved.

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