Penn’s International Scholar and Student Services issued guidance on Tuesday outlining the potential effects of the current federal government shutdown on immigration resources, visa applications, and overseas travel.
The United States government has been shut down since Oct. 1 after Congress missed the deadline to approve a funding deal. The shutdown, according to a Sept. 30 update from ISSS, “will have an impact on crucial immigration services” — including application processing times and operations through the Department of Labor.
“If you are currently in the US maintaining a valid immigration status, this government shutdown will not impact your ability to remain in the United States,” ISSS wrote.
The guidance discouraged “unnecessary international travel” for Penn affiliates holding F-1 and J-1 visas due to “possible delays in visa issuance.”
Those on H-1B and E-3 visas sponsored by Penn — as well as Mexican citizens with TN visas — were advised to avoid leaving the country, though the notice stated that they should not experience direct impacts from the shutdown. Penn students with Canadian citizenship were encouraged to “check with the port of entry” when considering international travel.
Although Penn-sponsored H-1B visas will be processed normally by ISSS, the announcement stated that Labor Condition Applications will be interrupted due to the Department of Labor’s suspension of operations as part of the shutdown.
According to ISSS, the U.S. Citizenship and Immigration Services has historically “temporarily created an exemption” to permit filings necessary for maintaining status when it has not been possible to obtain a certified Labor Condition Application.
The Labor Department’s shutdown will similarly prevent the filing of permanent labor certifications and prevailing wage forms — both of which are required steps for the employment-based Green Card process.
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“This will impact the ability to file petitions with USCIS,” ISSS wrote. For “further details, please consult your ISSS assigned advisor or your immigration lawyer.”
The guidance comes after ISSS warned Penn affiliates holding H-1B visas to avoid international travel following a $100,000 fee imposed by the federal government on new visa applications. ISSS provided updated guidance that clarified that only new H-1B petitioners will be impacted by the rule following a memorandum from USCIS.
According to a recent analysis by The Daily Pennsylvanian, Penn may be forced to pay millions of dollars to continue employing certain international workers after the federal government imposed H-1B petition fees.
Students on F-1 visas who have fulfilled the requirements for temporary work authorizations — including the Optional Practical Training employment authorization — will still be able to submit their applications, but “the processing time may be impacted if the government shutdown is prolonged.”
Employees on Penn-sponsored O-1 visas should not expect major changes due to the shutdown, according to the update. Extensions of J-1 sponsorships will also not be affected, but work authorization applications for J-2 dependents may be subject to delays.
