A Tale of Two Doors: Which Parts of the US Immigration System Just Slammed Shut (And Which Are Still Open)

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A Tale of Two Doors: Which Parts of the US Immigration System Just Slammed Shut (And Which Are Still Open)

Image via The Indian Express

NEW DELHI – For a software engineer in Hyderabad with a coveted US job offer, a family in New Jersey nearing the final step of their Green Card journey, and a student in California waiting on a work permit, Wednesday morning brought a chilling piece of news from half a world away. The United States government is officially in a shutdown.

As political gridlock in Washington D.C. failed to produce a budget, a cascade of federal agencies has locked its doors, furloughing hundreds of thousands of workers. For the millions of people whose lives, careers, and dreams are tied to the labyrinthine US immigration system, this shutdown is not a political headline; it is a personal crisis. It has thrown their futures into a state of profound uncertainty, creating a confusing new landscape where some processes continue as normal while others have slammed into a brick wall.

This is a guide to navigating that landscape. It is a tale of two doors: the services that surprisingly remain open, and the crucial ones that have been bolted shut, leaving thousands of Indian and other international hopefuls in a state of suspended animation.

The Open Door: The Lifeline of Fee-Funded Services

The first and most important thing to understand is that the entire US immigration system has not collapsed. A crucial lifeline exists because some of the most important agencies are primarily self-funded.

U.S. Citizenship and Immigration Services (USCIS): Think of USCIS as a self-sufficient business. It funds its operations not through the annual budget passed by Congress, but through the hefty application fees it charges for its services. Because of this, USCIS will remain open and will continue processing most applications. This is the most significant piece of good news.

The services that will continue uninterrupted include:

  • Green Card Applications: Processing for Adjustment of Status (I-485) and other permanent residency petitions will go on.
  • H-1B Extensions and Transfers: Petitions for those already in the US and looking to extend their stay or change employers will be processed.
  • Citizenship and Naturalization: Applications for US citizenship will continue to be adjudicated.
  • Student Work Permits (OPT): The processing of Optional Practical Training permits, vital for graduating international students, will proceed.

U.S. Embassies and Consulates: The Department of State’s consular operations, which handle visa interviews and passport services, also operate largely on the fees they collect. Therefore, visa appointments at US embassies and consulates in India and around the world are expected to go ahead as scheduled. Travel to the US is also unaffected, as border patrol is an “essential service.”

The Slammed Door: The Congressional Funding Chokehold

While the open door of USCIS provides relief to many, another door has been slammed shut, creating a catastrophic bottleneck for a huge number of new applicants. This is the door to the U.S. Department of Labor (DOL).

The DOL is funded by Congress, and its key immigration functions are now considered “non-essential.” This has frozen the very first and most critical steps for a vast majority of new work-based immigration:

  • The H-1B Process is Frozen: The mandatory first step for an H-1B visa is getting a Labor Condition Application (LCA) certified by the DOL. With the shutdown, the DOL will process zero new LCAs. For the software engineer in Hyderabad who was selected in the H-1B lottery and was about to file her application, her American dream is now on an indefinite hold. Her employer cannot legally proceed with her USCIS petition without that DOL certification.
  • The Green Card Queue Gets Longer: For most employment-based Green Cards, the journey begins with a PERM labor certification from the DOL. The shutdown means no new PERM applications will be processed. For the family in New Jersey, who have waited years and were expecting their PERM approval any day, the finish line has just been moved infinitely further away.

Portraits of Limbo: The Human Cost

The shutdown of the DOL and other federally funded services creates real-life dilemmas. The Immigration Courts for non-detained individuals are now closed. An asylum seeker in Queens who waited three years for their hearing next week has had it cancelled, with no new date in sight. The E-Verify system is offline, meaning companies across the US cannot verify the work eligibility of new hires, creating chaos for human resource departments and leaving new employees, including recent graduates, unable to start their jobs.

What You Should Do

In this confusing time, the best advice is to stay calm and informed:

  1. Check Official Sources: Rely only on the official websites of USCIS and the Department of State for updates. Avoid rumors on social media.
  2. Assume Appointments are On: Unless you receive an official cancellation notice, assume your USCIS or visa interview appointment is still happening.
  3. Consult Your Attorney: If you have an immigration lawyer, now is the time to be in close contact with them.
  4. Prepare for Delays: Even for the services that are still running, expect potential slowdowns as they may need to interact with shuttered agencies. The shutdown creates a “backlog snowball”—every day it continues, the pile of unprocessed applications at agencies like the DOL grows, ensuring that it will take months, if not years, to catch up.

The political fight in Washington may seem distant, but its consequences are being felt deeply in homes across India and the world. The shutdown exposes the fragility of a system where the life plans of millions can be held hostage by a political impasse. For now, those who find their path blocked by the slammed door can do little but wait, hoping that the gears of government in a country far away begin to turn once more.

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