The situation
Congress has passed a continuing resolution to fund the federal government, including immigration operations, through January 19, 2018 while FY 2018 budget negotiations continue. A previous stopgap measure funded the government through December 22, 2017. The interim spending measure also extends four immigration programs through January 19: 

• The E-Verify electronic employment eligibility verification system; 
• The EB-5 Regional Center permanent residence program; 
• The Conrad 30 waiver program for foreign medical graduates who will work in areas of the United States that are underserved by physicians; and
• The Special Immigrant Non-Minister Religious Worker permanent residence program.

Looking ahead
The passage of the continuing resolution means that there will be no interruption of federal immigration operations for now, but a federal shutdown remains a possibility if there is no budget agreement by January 19.

To minimize the impact of a potential shutdown in January, employers should work with their Fragomen team to assess their upcoming need for labor condition applications (LCAs), prevailing wage determinations and PERM filings, and submit applications in the coming weeks if possible.

If a budget agreement is not reached by the new deadline and a shutdown occurs, Department of Labor functions would be completely suspended, which could impede preparations for the FY 2019 H-1B cap filing season that begins April 2, 2018.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

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