The US government shutdown has brought several services to a standstill, with agencies halting operations, employees placed on unpaid leave, and others asked to work without pay until the deadlock ends. One of the most affected areas will be the processing of H-1B visas and green cards, a lifeline for thousands of Indian professionals.
According to a Hindustan Times report, the shutdown would snap funding to the US Department of Labour, key to the processing of H-1B visas and green cards. The publisher quoted immigration lawyers reflecting the same thought.
Why H-1B Visa Processing May Face Delays?
Before a company can sponsor an H-1B visa, there is a process where a Labour Condition Application (LCA) has to be filed with the US Department of Labour. Only after this approval the approval can be moved to the immigration authorities.
The Labour Department handles the PERM certification, a key requirement for those applying for an employment-based green card. With the department’s funding halted due to the shutdown, applicants who did not have their LCAs cleared before October 1 are now stuck. “This means no one can get a fresh H-1B, switch employers, or change their status to H-1B unless their LCA was approved before today. H-1B processing will remain on hold until the Labour Department starts functioning again,” explained Henry Lindpere, an immigration lawyer at Manifest Law.
What Lawmakers say on H1-B Visa
According to a lawmaker, possible stalling of the H-1B visas and green cards stand to hit Indian professionals. Over 71% Indians currently benefit from the H-1B visa allocation system, making them the biggest beneficiaries.
Sophie Alcorn, a Silicon Valley-based immigration lawyer, said that the “biggest immediate impact” for the Indian diaspora would be from the labour department. She believes that applications already under process may continue unaffected, but new applicants will be hit hardest.
