Headlines:
Employer Suggestions: What If There’s a Federal Authorities Shutdown? – For employers with overseas nationwide employees, it is very important perceive which immigration associated features could also be affected within the occasion of a federal authorities shutdown. Based mostly on prior shutdowns, this text offers a short overview of how key companies’ processes could also be affected and actions employers can take now.
Businesses Subject Steerage on President Trump’s Proclamation Requiring a $100,000 Charge for Sure H-1B Petitions – Following on the heels of President Trump’s issuance of a proclamation requiring a $100,000 charge for sure H-1B petitions the place the employee is outdoors america, U.S. Citizenship and Immigration Providers launched a associated regularly requested questions doc, and different companies launched associated steering.
DOL Launches ‘Undertaking Firewall’ H-1B Enforcement Initiative – The Division of Labor launched “Undertaking Firewall” to make sure that “employers prioritize certified People when hiring employees and [hold] employers accountable in the event that they abuse the H-1B visa course of.”
DHS Points Proposed Rule on Weighted Choice for Cap-Topic H-1B Petitions – The Division of Homeland Safety revealed a proposed rule to implement a “weighted choice” course of for cap-subject H-1B petitions that “would typically favor the allocation of H-1B visas to greater expert and better paid aliens, whereas sustaining the chance for employers to safe H-1B employees in any respect wage ranges.”
DHS Terminates Momentary Protected Standing for Syria; Beneficiaries Have 60 Days to Go away america; E-Confirm Points Steerage for Employers – The Division of Homeland Safety introduced that Momentary Protected Standing for Syrians is terminated and affected Syrian nationals have 60 days to voluntarily depart america and return residence.
Particulars:
Employer Suggestions: What If There’s a Federal Authorities Shutdown?
The 2024-2025 federal fiscal 12 months was marked by a number of threats of presidency shutdowns, each narrowly averted with persevering with resolutions to maintain the federal government funded. As the present fiscal 12 months attracts to a detailed, there may be hypothesis that Republicans and Democrats in Congress could not attain an settlement on annual spending payments by midnight on September 30, 2025. If a finances or persevering with decision just isn’t handed by this deadline, there can be a shutdown, and all however important personnel can be furloughed. To prime all of it off, within the occasion of a shutdown, the Trump administration is threatening mass firings of workers in federal packages with lapsed funding that aren’t statutorily required and are “not in step with the President’s priorities”—though commenters have referred to as into query the feasibility of such impromptu reductions in pressure.
For employers with overseas nationwide employees, it is very important perceive which immigration associated features could also be affected. There are not any ensures, however primarily based on prior shutdowns, under is a short overview of how key companies’ processes could also be affected and actions employers can take now.
U.S. Citizenship and Immigration Providers
As a fee-based company that’s not depending on federal appropriations, U.S. Citizenship and Immigration Providers (USCIS) is predicted to proceed processing petitions and purposes. New filings, extensions, and USCIS-mandated steps within the inexperienced card course of can proceed to be filed and processed, with some attainable processing delays.
Nevertheless, filings that require an authorized Labor Situation Utility (LCA) from the Division of Labor, similar to requests for H-1B, H-1B1, and E-3 classification, could also be delayed if the certification has not been accomplished earlier than shutdown. Filings with out licensed LCAs can’t be permitted throughout the shutdown. USCIS has traditionally accepted late I-129 filings upon reopening with proof that the first cause for the delay was the federal government shutdown. USCIS has not confirmed, nevertheless, whether or not they may undertake an identical strategy this time.
E-Confirm, USCIS’s system that permits employers to confirm work authorization, can be inaccessible throughout a shutdown as a result of that program requires appropriated funds. Though E-Confirm could be suspended throughout a authorities shutdown, employers might want to proceed to finish Types I-9 for any new hires in a well timed vogue. The data could also be enter into E-Confirm as soon as the federal government reopens.
Employers ought to:
- File petitions requiring licensed LCAs (H-1B, H-1B1, E-3) earlier than the shutdown.
- Maintain proof of submitting delays brought on by a shutdown for attainable late acceptance.
- Proceed well timed completion of Types I-9 for all new hires.
- Plan to replace E-Confirm as soon as the system reopens.
- Maintain an eye fixed out for updates from USCIS indicating whether or not it would settle for filings with or without pending LCAs.
Division of Labor
The Workplace of Overseas Labor Certification (OFLC), which oversees filings with the Division of Labor (DOL), is often closed throughout authorities shutdowns. OFLC sometimes doesn’t settle for or course of any purposes or associated supplies throughout a shutdown, together with LCAs, purposes for a prevailing wage dedication, purposes for everlasting employment certification (PERM), and PERM audit responses. OFLC has said that the Overseas Labor Utility Gateway (FLAG) system can be disabled and inaccessible within the occasion of a shutdown. In consequence, customers won’t be able to entry the FLAG system to print permitted purposes or take another actions throughout the system. Moreover, appeals pending with the Board of Alien Labor Certification Appeals (BALCA) can be positioned on maintain throughout the shutdown.
Employers ought to:
- Submit LCAs, prevailing wage requests, and PERM purposes earlier than the shutdown.
- Entry the FLAG system early to obtain/print permitted purposes and certifications.
- Put together for processing delays upon reopening.
Division of State
Usually, the Division of State (DOS) just isn’t affected by authorities shutdowns as a result of visa and passport operations are fee-funded. Nevertheless, throughout prior shutdowns, DOS has lowered or halted visa issuance. People with scheduled or deliberate visa stamp appointments needs to be ready for delays or disruption to consular providers and will monitor the scenario carefully. If worldwide journey can’t be averted, people ought to perceive that interruptions to consular providers may end up in extended delays and the potential for being unable to return to america for a number of months.
Employers ought to:
- Advise workers to count on delays in visa issuance or stamping.
- Evaluate journey plans—keep away from non-essential worldwide journey round shutdown dates.
Immigration and Customs Enforcement/Customs and Border Safety
U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Safety (CBP) personnel are thought-about important employees, so these companies ought to stay totally operational. Ports of entry at airports or land border crossings will stay open. Nevertheless, people who search to use for an immigration profit at a port of entry or a pre-clearance facility (similar to TN and L-1 purposes for Canadian nationals) might want to affirm the operational standing of the situation the place they intend to use.
Employers ought to:
- Verify operations at ports of entry or pre-clearance places for TN/L-1 purposes.
- Advise workers on attainable variations in processing at totally different places.
Employers and sponsored workers are inspired to watch the scenario for updates and seek the advice of immigration counsel with questions or issues.
Govt Workplace for Immigration Evaluate
Based mostly on earlier actions throughout a federal authorities shutdown in 2013, the Govt Workplace for Immigration Evaluate (EOIR) could be anticipated to proceed to adjudicate detained instances. Court docket features that assist the detained caseload would proceed, however different features could be suspended. The Board of Immigration Appeals (BIA) would course of emergency keep requests in addition to instances the place the particular person is detained, together with case appeals, motions, federal court docket remands, and bonds. The BIA Clerk’s Workplace workers would settle for all filings. The Workplace of the Chief Administrative Listening to Officer would preserve its means to problem subpoenas and settle for for submitting any complaints that should be filed to adjust to statutory deadlines.
Employers ought to:
- Anticipate processing delays in non-detained instances.
- Test the EOIR’s web site for the operational standing of particular immigration courts.
Businesses Subject Steerage on President Trump’s Proclamation Requiring a $100,000 Charge for Sure H-1B Petitions
Following on the heels of President Trump’s issuance of a proclamation requiring a $100,000 charge for sure H-1B petitions the place the employee is outdoors america, U.S. Citizenship and Immigration Providers (USCIS) launched a associated regularly requested questions (FAQ) doc, and different companies launched associated steering.
The USCIS FAQ notes which petitions are included and never included, and states that additional steps can be taken, together with:
- A rulemaking by the Division of Labor to revise and lift the prevailing wage ranges to “upskill” the H-1B program and “make sure that it’s used to rent solely the most effective of the most effective non permanent overseas employees.”
- A rulemaking by the Division of Homeland Safety to “prioritize high-skilled, high-paid aliens within the H-1B lottery over these at decrease wage ranges.”
Further modifications are additionally into consideration and can be introduced within the coming months, USCIS stated.
USCIS launched further steering relating to the proclamation, as did U.S. Customs and Border Safety (CBP). The Division of State (DOS) launched a associated FAQ. USCIS stated that DOS additionally despatched steering to all consular workplaces that’s in step with the steering from USCIS and CBP. CBP’s steering, posted on X, states that the “up to date H-1B visa requirement applies solely to new, potential petitions that haven’t but been filed. Petitions submitted previous to September 21, 2025 will not be affected. Any stories claiming in any other case are flat-out unsuitable and needs to be ignored.”
The White Home additionally launched a associated truth sheet on September 19, 2025.
DOL Launches ‘Undertaking Firewall’ H-1B Enforcement Initiative
On September 19, 2025, the Division of Labor (DOL) launched “Undertaking Firewall,” to make sure that “employers prioritize certified People when hiring employees and [hold] employers accountable in the event that they abuse the H-1B visa course of.”
DOL stated that it’s going to conduct investigations of employers by way of Undertaking Firewall “to maximise H-1B program compliance. To realize this objective, the Secretary of Labor will personally certify the initiation of investigations for the primary time within the division’s historical past.” Violations could lead to “the gathering of again wages owed to affected employees, the evaluation of civil cash penalties, and/or debarment from future use of the H-1B program for a prescribed time frame,” DOL famous.
Moreover, DOL stated it “will share info and coordinate with related authorities companies, as permitted by legislation, to fight discrimination in opposition to American employees and make sure the legislation is correctly enforced by leveraging the complete pressure of the federal authorities.”
DHS Points Proposed Rule on Weighted Choice for Cap-Topic H-1B Petitions
On September 24, 2025, the Division of Homeland Safety (DHS) revealed a proposed rule to implement a “weighted choice” course of for cap-subject H-1B petitions that “would typically favor the allocation of H-1B visas to greater expert and better paid aliens, whereas sustaining the chance for employers to safe H-1B employees in any respect wage ranges.”
Beneath the proposed course of, DHS stated, registrations for distinctive beneficiaries or petitions could be assigned to the related Occupational Employment and Wage Statistics wage stage and entered into the choice pool as follows:
[R]egistrations for distinctive beneficiaries or petitions assigned wage stage IV could be entered into the choice pool 4 instances, these assigned wage stage III could be entered into the choice pool thrice, these assigned wage stage II could be entered into the choice pool two instances, and people assigned wage stage I might be entered into the choice pool one time. Every distinctive beneficiary would solely be counted as soon as towards the numerical allocation projections, no matter what number of registrations have been submitted for that beneficiary or what number of instances the beneficiary is entered within the choice pool.
Feedback on the proposed rule should be submitted by October 24, 2025, utilizing the directions within the discover. Feedback on the related info collections should be submitted by November 24, 2025.
DHS Terminates Momentary Protected Standing for Syria; Beneficiaries Have 60 Days to Go away america; E-Confirm Points Steerage for Employers
On September 19, 2025, the Division of Homeland Safety (DHS) introduced that Momentary Protected Standing (TPS) for Syrians is terminated and affected Syrian nationals have 60 days to voluntarily depart america and return residence. “After the 60 days have expired, any Syrian nationals admitted beneath TPS who haven’t begun their voluntary elimination proceedings can be topic to arrest and deportation. Any alien who forces DHS to arrest and take away them won’t ever be allowed to return to america,” DHS warned.
DHS stated that these leaving america are inspired to make use of U.S. Customs and Border Safety’s CBP Residence app to “report their departure from america and make the most of a protected, safe option to self-deport that features a complimentary airplane ticket, a $1,000 exit bonus, and potential future alternatives for authorized immigration.”
In the meantime, E-Confirm issued associated steering on September 22, 2025, noting that Syria’s TPS designation and associated advantages terminate on November 21, 2025, at 11:59 p.m. The steering states that Kind I-766, Employment Authorization Paperwork (EADs), with a class A12 or C19 and a Card Expires date of September 30, 2025; March 31, 2024; September 30, 2022; or March 31, 2021, issued beneath a previous TPS designation of Syria, expire on November 21, 2025. “Employers should reverify TPS Syria beneficiaries who introduced these EADs earlier than they begin work” on November 22, 2025, the steering notes.
Agency within the Information
Cyrus Mehta was quoted by Newsweek in Trump’s H1-B Visa Transfer Sparks Alarm for 1000’s of U.S. Companies. He stated, “The $100,000 supplemental charge [for new H-1B applications] will utterly eviscerate the H-1B program, and it could simply impede and discourage employers from hiring H-1B employees.” He famous that the mixture of the charge and the Trump administration’s proposal to weight choice by wage “could be a complete disincentive for graduates to get employed within the U.S.” He additionally pointed to the chaos instantly following the proclamation: “Lots of people tried to hurry again to the U.S. … and that was utterly unwarranted. We additionally heard about H-1B employees who have been on a flight leaving the U.S. … they got here out of the flight … after listening to the information within the cabin itself.” Mr. Mehta additionally echoed frustrations in regards to the lack of steering. He stated attorneys have been inundated with shopper questions however can’t present definitive solutions: “It was performed so incompetently that there was no readability in any respect. We’re getting every kind of tough questions, and it’s very exhausting to offer recommendation with certainty.” He added, “I simply don’t see how an employer could be keen to rent a grad and pay the $100,000 submitting charge.”
