In light of recent federal events, one topic of interest among legal professionals is the probable effects of a government shutdown on various immigration and visa programs in the United States. Not all programs will be impacted equally; the key differentiation lies in the source of their funding.
As was outlined in an article by Morgan Lewis on JD Supra, immigration and visa programs funded by fees are expected to experience less disruption as compared to those reliant on congressional appropriations. Such appropriations are likely to be hindered or halted during a shutdown, while fee-funded operations can continue without the immediate need for additional inflow.
The most notable impact in business immigration is expected to be seen in US Department of Labor (DOL) programs. The programs that fall under the DOL’s purview include the permanent (PERM) labor certification alongside H-1B, E-3, H-1B1, and H-2B matters.
A detailed understanding of these potential implications is crucial for corporate legal professionals, particularly for those dealing with immigration matters. As the situation evolves, being able to anticipate and adapt to such changes can contribute considerably to effective strategic planning and decision making within an organization.