The most important point for recruiters to remember is not to make any promises about dates and timing - do not promise a start date, or an H-1B filing date or a date for filing a PERM application. All of those dates are contingent upon the end of the government shutdown, and that is beyond our control and left to the Executive and Legislative Branches.
If a recruiter goes through the standard process to determine whether a candidate has unrestricted work authorization and needs visa sponsorship now or in the future, and the candidate indicates he/she needs visa sponsorship, the recruiter should relay the following:
- Employers will need to discuss the candidate’s immigration situation with immigration counsel before they can make any offer of employment.
- Employment will be contingent on the candidate’s ability to obtain U.S. work authorization.
- Employers cannot at this time provide any specific information about the possible timing for filing an application for an employment visa (work authorization) because the government shutdown is affecting employer’s ability to file these visa applications.
- Employers also cannot at this time provide any specific information about the possible timing for filing a PERM application because the government shutdown is affecting the ability to file these visa applications.
- If an employer decides to make an offer of employment to the candidate, it will then have additional discussions with the candidate about potential filing/start dates, but again, those dates will be contingent on the status of the government shutdown.