• 14 January 2019

EB-5 Visa Program during U.S. Government Shutdown

The U.S. Government shutdown is inexorably tied to immigration. The primary point of disagreement is the Congress’ unwillingness to include the funding for the Mexican border wall the president has requested, and the president’s refusal to sign the bill Congress has passed until it includes the funding he believes is required.

Unfortunately, until the Congress and the President can agree on a mutually acceptable spending bill, some, but not all, government programs have been shut down and will remain so – even though they have no direct connection to the controversy over the wall at the U.S./Mexican border.

Effect of the Shutdown

As frustrating as the shutdown can feel, it is, nonetheless, a function of the American system of “checks and balances” designed to keep the government from being led entirely by either the legislative, executive, or judicial branch.

It might be more accurate to refer to the shutdown as a “partial shutdown” or a “suspension of ‘non-essential’ services.” The result of the legislative and executive branches reaching an impasse is spending gaps in certain government programs. This is the 12th suspension of government services since 1981 and the third since 2013.

Depending on the particular circumstances, some programs may cease; others will be suspended until funding is available to resume them.

Effect on EB-5

  • The EB-5 program remains in effect.
  • The EB-5 Regional Center program has expired due to a lack of funding because the proposed spending bill has not been approved.
  • The USCIS will continue to receive the following forms regardless of the date received:
    • I-526, Immigration Petition by Alien Entrepreneur
    • I-485, Application to Register Permanent Residence or Adjust Status
    • I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status.
  • The USCIS will retain all unadjudicated regional-center-affiliated I-526 and I-485 petitions on hold until further notice, pending resolution of the spending bill as it affects funding of the regional center program.
  • The USCIS will continue to process I-829 petitions, regardless of the filing date.

We realize that the shutdown can cause frustration and anxiety for EB-5 applicants. We will do our best to keep you informed. Our ACS Law Offices, Inc. legal team advises and assists visa applicants on all EB-5 and other investment and work visas. We are happy to help answer any questions you may have.