US government shutdown temporarily postponed and immigration lawyers advise H1B visa holders to take prompt action: President Biden has signed a short-term spending bill to prevent the US federal government shutdown.
The bill will provide funding until 17 November 2023. However, the future remains uncertain, as Congress has set a new shutdown deadline for the same date.
US Government Shutdown Temporarily Postponed And Immigration Lawyers Advise H1B Visa Holders To Take Prompt Action
Immigration lawyers advise individuals, particularly those with H-1B visas, to act as soon as possible.
These actions include filing applications for H-1B cap second lottery selections by the end of October and addressing other immigration-related filings, such as H-1B extensions. Robert Webber, an immigration attorney, has shared tips for H-1B visa holders with TOI.
He advises H-1B visa holders to accept new job offers as soon as possible, allowing the new employer time to file and obtain approval for the Labor Condition Application (LCA) before November 17.
In the event of a shutdown, certain immigration-related functions conducted by the Department of Labor (DOL) will be suspended.
These functions include processing LCAs, permanent labor certification, and prevailing wage determination.
US employers sponsoring H-1B employees must obtain a prevailing wage rate, meaning that H-1B visa holders must be paid either the actual or the prevailing wage, whichever is higher.
The following step concerns filing an LCA at the DOL’s processing center. Only employers with certified LCAs can proceed with obtaining an H-1B visa.
While the US Citizenship and Immigration Services (USCIS) handles visa application processing and is less impacted by the shutdown, employers must complete the initial formalities at the DOL before approaching the USCIS.
Cyrus D. Mehta, a New York-based immigration attorney, explains that the DOL will cease processing all applications if there is a shutdown. This indirectly affects the capability of international employees to stay in nonimmigrant status.
Mehta points out that a shutdown at the DOL will also impact employers’ ability to file timely H-1B status extensions with the USCIS.
It is important to note that an H-1B visa extension application cannot be submitted six months before the current H-1B expiration date.
To manage the risk, Webber suggests sponsoring companies should file the LCA for expirations until mid-May. The LCA can be filed before for H1B visas expiring after mid-May 2024.
This approach helps mitigate concerns about a possible gap in the spouse’s work, especially for H-1B workers whose dependents are on a visa with work authorization.
As the US government’s funding is secured for now, individuals and employers must act promptly to ensure smooth immigration processes and avoid potential disruptions caused by future shutdowns.
So, it is all about the US government shutdown temporarily postponed and immigration lawyers advise h1b visa holders to take prompt action.
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Source:- economictimes.indiatimes.com
