If Congress should fail to pass a FY2016 budget or Continuing Resolution before October 1, 2015, the government, including the Department of Labor will shut down (again; previously occurred in October 2013). This will directly affect the Department of Labor’s Office of Foreign Labor Certification (OFLC) since its functions are not “excepted” from a shutdown and its employees would be placed in furlough status should a lapse in appropriated funds occur. Consequently, in the event of a government shutdown, OFLC will not accept applications or related materials (such as audit responses) as of October 1, nor will it process those already received, including Labor Condition Applications, Applications for Prevailing Wage Determination, Applications for Temporary Employment Certification (H-2A/H-2B), or Applications for Permanent Employment Certification. Furthermore, DOL’s online systems (iCERT and PERM) will not be operational and will not accept PERM, LCA, or prevailing wage applications, and authorized users will not be able to access their online accounts. While DOL made accommodations in 2013 to accept applications that were affected by the shutdown, there is no way to be certain it will do so again.
We, along with you, are hopeful that Congress will take the steps necessary to prevent another government shutdown, but you should be aware that this may directly impact nonimmigrant and visa processing.
Alka Bahal is a Partner and the Co-Chair of the Corporate Immigration Practice of Fox Rothschild LLP. Alka is situated in Fox Rothschild’s Roseland, New Jersey office though she practices throughout the United States and at Consulates worldwide. You can reach Alka at (973) 994-7800, or firstname.lastname@example.org.