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US Employers Should Make Plans for Possible Shutdown of USCIS

Updated: Aug 1, 2022

Despite being 97% funded by filing fees from applicants, USCIS has announced that it is running out of funds and will shut down unless Congress provides additional significant funding within 30 days. Combined with the fact that U.S. Consulates currently are closed and no visas (with a few exemptions) are being issued by the State Department, this would certainly put U.S. employers in a bind as they may not be able to retain their international personnel already in the U.S.

Employers Make a Plan of Action

Employers should carefully review all international personnel files with their business immigration lawyers and make a plan of action pertaining to retention of international personnel. At our firm, we are working through each file making a specific plan. Some involve employers filing new or extensions of H-1B, TN, L-1, P. O. or E-2 petitions within 30 days where the employer is eligible, ramping up employer-based green card filings, and looking for other legal alternative solutions in each specific case.

Employer’s Communication with International Person

In addition, we recommend the following communication be sent to international personnel:

“USCIS has announced that, unless additional funds are provided by Congress, it will shut down in 30 days. If Congress provides funding, there won’t be a shutdown. Together with our business immigration lawyers, we are reviewing each individual file and making a determination of what needs to be done to secure continuous employment. This may include filing a new non-immigrant visa petition, filing an extension or other measures for which we may be eligible.“

Mira Mdivani


NOT LEGAL ADVICE: This article is for educational purposes only, it is not legal advice that may be applicable to our situation

The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney

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