Juneteenth National Independence Day Act & USCIS/DOS/ICE/ETC. Appointment Rescheduling
On June 17, 2021, President Biden signed into law the Juneteenth National Independence Day Act, commemorating the end of slavery in the U.S., making June 19 a federal holiday. As June 19, 2021, falls on a Saturday, most federal offices will observe the holiday tomorrow, June 18, 2021. This closure may impact cases with various federal agencies as follows:
U.S. Citizenship and Immigration Service (USCIS) - AILA members have reported receiving notices from local USCIS offices noting that “all interviews, InfoPass appointments and ceremonies planned for tomorrow will be rescheduled to another date/time”. AILA understands that USCIS will automatically reschedule all cancelled appointments.
Department of State (DOS) - Reports have come in of appointments scheduled at U.S. consulates being cancelled on June 18, in observance of the holiday. AILA has reached out to DOS for official confirmation.
Immigration Courts – All Immigration Courts will be closed Friday, June 18, 2021, in commemoration of Juneteenth National Independence Day.
Immigration and Customs Enforcement (ICE): ICE plans to make an announcement regarding operational status and staffing of ERO offices. AILA expects that most ERO offices will be closed tomorrow and staffing will be minimal.
Department of Labor (DOL) - In light of the observance of the holiday, please note that a Notice of Filing for PERM purposes must be posted for at least 10 consecutive business days in accordance with 20 CFR § 656.10(d). If one or more of the 10 consecutive business days is a Saturday, Sunday, and/or a Federal holiday, the employer must maintain documentation demonstrating that it was open for business on the Saturday, Sunday, and/or holiday in question and demonstrate that employees had access to the posting location. Therefore, if an employer is open for business on June 18, 2021 and has a Notice of Filing posted on this day, the employer should maintain evidence that it was both open for business and that its employees had access to the posting location on this date. If the employer is closed for the federal holiday, the employer will have to keep the Notice of Filing posted for one additional business day in order to comply with 20 CFR § 656.10(d). Please note that this requirement does not apply to LCA posting notices because when there is no bargaining representative, an LCA posting notice meeting the requirements of 20 CFR § 655.734 only has to be posted for 10 days (not 10 business days).