USCIS REPORTS IT WILL CONTINUE TO OPERATE, EXCEPT E-VERIFY, IF THE FEDERAL GOVERNMENT SHUTS DOWN

The Department of Labor (DOL) is also making plans for a potential shutdown.  If there is a shutdown, DOL personnel will not be available to respond to inquires or emails.  It is unclear at this point, whether iCERT/PERM will continue to function.  However, because the systems required funding to run, immigration attorneys should assume they would not be available.  If the iCERT/PERM programs are not functioning, this will essentially mean that any H-1B visas that have not already obtained a Labor Certification Application cannot be filed with USCIS.  The LCA is an essential element of an H-1B application, and is processed through the iCERT program.  Additionally, if the PERM program shuts down, this means that no PERM green cards can be filed with USCIS, as the PERM green cards are filed online through the Department of Labor Foreign Labor Certification Permanent Online System