The American Immigration Lawyers Association has contacted immigration applicable government agencies for an update regarding contingency plans in light of the possibility of a government shutdown on or after October 1, 2013.
To date, no information in response has been received. It is reasonable to believe, however, agency plans in development in the event of a government shutdown next week will mirror plans developed in anticipation of a government shutdown in 2011. For example, many of the USCIS functions will continue, since they are primarily funded through user fees. In contrast, because they are funded through appropriations, expect DOL functions to be interrupted. We will post further information as it is released.
Overseas offices that issue visas to foreigners (consulates) may shut down as they are largely funded through the congressional appropriations bill.
DOL has indicated to AILA Liaison that, in the event of a government shutdown, the Office of Foreign Labor Certification (OFLC) will neither accept nor process any applications or related materials it receives.
Immigration courts may suspend their services. The NYC Immigration Court WILL BE CLOSED. During the shutdown, the only courts in this jurisdiction that will remain open are:
An overview of the general implications of the shutdown can be found here.