Lawmakers Reach Tentative Agreement on Federal Spending to Avert Government Shutdown

On December 12, 2019, top bipartisan congressional negotiators reached a tentative deal to approve $1.3 trillion to fund the government for Fiscal Year 2020. Current government funding will run out on December 20, 2019, leaving Congress very little time to pass the spending bills in order to avoid a government shutdown. The House and the Senate are expected to vote on the legislation next week. If passed, the legislation will need to be signed by President Trump.


In the event that Congress fails to meet the legislative deadline that affects the funding of government operations and agencies, the funding gap will result in federal government shutdown. If this occurs, the Department of Labor (DOL) Employment and Training Administration (ETA) will be closed, which will affect multiple immigration programs, including the H-1B, and PERM-based green card processes. Prior to filing an H-1B with the USCIS, the petitioning employer must file a Labor Condition Application (ETA) through the DOL’s online portal. In the event of a shutdown, it will not be possible to submit these applications, and the DOL will not adjudicate pending applications. Similarly, it will not be possible to file a PERM labor certification application, which is the first step in the green card process for most foreign national’s who are being sponsored by their employers.


Based on experience in previous years, a government shut government could last several weeks, and may cause delays in onboarding employees requiring immigration sponsorship. We will be working with clients over the next week to minimize the potential impact of a shutdown. Where possible, we will file LCA and PERM applications before the December 20th government funding deadline.

We will continue to monitor this issue and will provide an update when information becomes available.