The EB-5 Reform and Integrity Act of 2022 brought many changes to the EB-5 program. For the latest information, please click here.
We have received many inquiries regarding the impact of the partial government shutdown on new and pending I-526 Petitions at U.S. Citizenship and Immigration Services (CIS) and consular immigrant visa applications processed by the Department of State (DOS).
As the I-526 Petition falls under the umbrella of “fee-paying” immigration – related services, stakeholders should not fear a cessation of operations in the EB-5 Program. Unlike other government agencies, such as the Department of Labor, CIS is nearly entirely self-funded. Application filing fees account for a significant portion of this agency’s budget. It is important to note, however, that CIS could suffer delays where it utilizes resources of “non-essential” agencies to effectuate the provision of its own services and where such sister agencies suffer a reduction in staffing or complete closure.
DOS has confirmed that most passport agencies and consular operations will continue, to the extent that current funds remain available. If such funds are depleted, however, DOS could temporarily suspend the issuance of visas or permit such processing only in exigent circumstances. Certain operations may face interruption, where, for example, such activities are conducted in a government building that is unsupported and effectively “shut-down,” owing to a lapse in government appropriations. We encourage visa applicants to monitor the website of the consulate at which they seek to apply for visa processing, to obtain current information.
