Government Shutdown Impact on Immigration

Norris McLaughlin’s Immigration Group notes the impact of the partial government shutdown on the U.S. Immigration System as follows:

Form I-9 and E-Verify

E-Verify expired as a result of the government shutdown.  Employers will not have access to E-Verify to initiate new employee verifications, resolve non-confirmations, and verify employment authorization.  Until E-Verify is funded, employers must continue to verify employment eligibility through the Form I-9, Employment Eligibility Authorization, and should not take any negative action against employees who were deemed non-tentative confirmations prior to the government shutdown and remain unresolved as of the date of the government shutdown.

The shutdown does not impact an employer’s responsibility to verify employment eligibility.  Employers are required to verify employment authorization.

Customs and Border Protection (CBP)

CBP is deemed an “essential agency,” and accordingly, will operate as usual.  CBP agents will conduct all inspections at ports-of-entry, and take other enforcement-related actions at the Canadian and Mexican borders with the United States.

Immigration and Customs Enforcement (ICE)

ICE is deemed an essential agency, so ICE enforcement activities will continue, and the agency will operate as usual.

Student and Exchange Visitor Information System (SEVIS)

SEVIS is deemed an “essential agency,” so it will operate as usual.  Colleges and universities are reminded to remain compliant in all SEVIS related matters.

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