What Happens If the Government Shuts Down Today?

USCIS: USCIS is a fee-funded agency with the exception of E-Verify, so if the government shuts down, only E-Verify shuts down. Otherwise, it’s business as usual.

DOS: Visa and passport operations are fee-funded and should not be impacted by a lapse in appropriations, but operating status and funding will need to be monitored closely. If visa operations are affected, consular posts will generally only handle diplomatic visas and “life or death” emergencies.

CBP: Inspection and law enforcement personnel are considered “essential.” Ports of entry will be open; however, processing of applications filed at the border may be impacted.

ICE: ICE enforcement and removal operations will continue, and ICE attorneys will typically focus on the detained docket during a shutdown. The ICE Student and Exchange Visitor Program (SEVP) offices are unaffected since SEVP is funded by fees.

EOIR: EOIR’s detained docket is typically considered an essential function and would therefore continue to operate. During the 2013 shutdown, EOIR continued to accept court filings, even in non-detained cases.

DOL: The OFLC would cease processing all applications in the event of a government shutdown, and personnel would not be available to respond to e-mail or other inquiries. OFLC’s web-based systems, iCERT and PERM, would be inaccessible, and BALCA dockets will be placed on hold.

Re-registration for El Salvador TPS Recipients

U.S. Citizenship and Immigration Services (USCIS) announced yesterday that current beneficiaries of Temporary Protected Status (TPS) under El Salvador’s designation who want to maintain their status through the effective  termination date of Sept. 9, 2019, must re-register between Jan. 18, 2018, and March 19, 2018.

Re-registration procedures, including how to renew employment authorization documents, have been published in the Federal Register and on uscis.gov/tps.

TPS Renewal for Honduras

Current beneficiaries of Temporary Protected Status (TPS) under Honduras’ designation who want to maintain that status through the current expiration date of July 5, 2018, must re-register between Dec. 15, 2017 and Feb. 13, 2018. Re-registration procedures, including how to renew employment authorization documentation, have been published in the Federal Register and on www.uscis.gov/tps.

All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization, at the time of filing Form I-821, or separately at a later date. Both forms are free on USCIS’ website athttp://www.uscis.gov/tps.

USCIS will issue Employment Authorization Documents (EAD) with a July 5, 2018 expiration date to eligible Honduran TPS beneficiaries who timely re-register and apply for EADs under this extension in accordance with the TPS Honduras Federal Register Notice.  Given the timeframes involved with processing TPS re-registration applications, however, DHS recognizes that not all re-registrants will receive new EADs before their current EADs expire on Jan. 5, 2018.  Accordingly, DHS has automatically extended the validity of EADs issued under the TPS designation of Honduras for 180 days, through July 4, 2018.

TPS Renewal for Nicaragua

Current beneficiaries of Temporary Protected Status (TPS) under Nicaragua’s designation who want to maintain that status through the program’s termination date of Jan. 5, 2019, must re-register between Dec. 15, 2017 and Feb. 13, 2018. Re-registration procedures, including how to renew employment authorization documentation, have been published in the Federal Register and on www.uscis.gov/tps.

All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization, at the time of filing Form I-821, or separately at a later date. Both forms are free on USCIS’ website at http://www.uscis.gov/tps.

USCIS will issue new Employment Authorization Documents (EAD) with a Jan. 5, 2019 expiration date to eligible Nicaraguan TPS beneficiaries who timely re-register and apply for EADs. Given the timeframes involved with processing TPS re-registration applications, however, DHS recognizes that not all re-registrants will receive new EADs before their current EADs expire on Jan. 5, 2018. Accordingly, DHS has automatically extended the validity of EADs issued under the TPS designation of Nicaragua for 60 days, through March 6, 2018. Additionally, Nicaraguan TPS beneficiaries who timely re-register and properly file applications for an EAD will have the validity of their current EADs automatically extended for up to 180 days from the date their current EADs expire, through July 4, 2018.

Advance Parole Applications Being Denied for International Travel

Immigration is now denying applications for advance parole if the applicant travels abroad while the application is pending.  The application is denied even if the applicant has a valid H or L nonimmigrant visa or another advance parole document that has not expired.  This is a total reversal of Immigration’s prior practice in adjudicating advance parole applications.

Travel Ban

On September 24, 2017, President Trump issued a presidential proclamation, titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats,” establishing a new travel ban with visa restrictions on Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. Restrictions vary between countries; DOS has provided information and a chart on the various levels of travel restrictions for nationals of the eight countries.