By Marta Lillo
A potential federal partial shutdown loomed on November 2023 as the U.S. Congress failed to pass appropriations legislation or a spending bill. It was the second time the U.S. government has faced this situation this year, having narrowly averted a shutdown before Oct. 31.
Regarding EB-5 visa applications, the United States Citizenship and Immigration Services (USCIS) gets most funding through fee-based immigration processing, which means that the agency should continue to operate during a potential shutdown, although there may be delays.
In March 2024, Congress passed a spending package to fund various federal agencies, including immigration agencies, through September 30, 2024. President Biden signed the bill into law.
Business as usual, but EB-5 investors should plan ahead
Following the EB-5 visa program’s legislative reauthorization in 2022, the USCIS became financially autonomous. Unlike other federal agencies that rely on government funding, it has the authority to process EB-5 investor petitions.
However, delays could occur if the USCIS needs to confer with another federal agency that requires U.S. government funding while processing I-526, I-485, and I-829 petitions or if the shutdown lasts for an extended period.
Foreign nationals applying for EB-5 visas through U.S. embassies/consulates should continue to receive immigration services during a government shutdown. However, services like interviews could be delayed if the Department of State (DoS) closes consular facilities or reschedules appointments.
DISCLAIMER: The views expressed in this article are solely the views of the author and do not necessarily represent the views of the publisher, its employees. or its affiliates. The information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.
