Do Government Shutdowns Affect EB-5 Applications and I-829?

(UNITED STATES) USCIS will keep most of the EB-5 investor pipeline moving even if the federal government shuts down, but parts of the program that depend on appropriated funds or inter-agency work can slow or pause.

In past shutdowns, the agency accepted new EB-5 filings and continued work on core investor petitions, including Form I-526 (Immigrant Petition by Alien Investor) and Form I-829 (Petition by Investor to Remove Conditions). The most fragile link has been Regional Center designation filings, where past shutdowns led to holds on new submissions and decisions.

USCIS is largely fee-funded, so its staff can keep processing many cases while other parts of the federal government pause. That financial structure has helped EB-5 investors stay on track during prior funding gaps. Still, some parts of the EB-5 process rely on other agencies that do draw money from yearly budgets. When those partners slow down, cases can wait for outside checks, data, or clearances.

According to analysis by VisaVerge.com, past shutdown patterns point in the same direction: petitions already in the system tend to move, but anything that needs cross-agency input can face delays. Families relying on an EB-5 timeline should prepare for pockets of slowdown and keep documents ready so they can respond fast when USCIS asks for more evidence.

Policy Effects During a Shutdown

• USCIS processing continues for most EB-5 filings. Because the agency funds its operations through fees, it has historically accepted and adjudicated EB-5 cases during shutdowns, including Form I-526 and Form I-829. New filings are taken in, receipt notices are issued, and officers keep working on decisions where they can.

• Regional Center designation petitions can be paused. During prior funding gaps, USCIS put adjudications of Form I-924 on hold and stopped accepting new filings. Regional Centers rely more on appropriated funds and coordination with other agencies, so this part of the EB-5 system is more exposed to shutdown risk.

• Embassy and consulate visa services may slow or stop. The Department of State is funded by Congress’s annual budget. If embassies or consulates scale back or close during a shutdown, EB-5 immigrant visa interviews and issuances can be delayed. Applicants outside the United States 🇺🇸 should watch for local post notices and be ready to reschedule.

• Adjudications needing outside input may be delayed. Even within USCIS, some decisions need checks with other federal entities. If those partners are affected by a shutdown or running with fewer staff, the EB-5 file can sit until the needed response arrives. That can affect both Form I-526 and Form I-829.

• Deadlines and eligibility for pending cases are generally protected. Petitions filed before a shutdown are not usually harmed in terms of filing dates or eligibility windows. If USCIS needs more time because of a pause at another agency, the case should hold its place.

The EB-5 Regional Center Program itself remains on stable legal ground. Congress has authorized the Regional Center Program through September 30, 2027. That long runway lowers the risk that a shutdown would suspend the underlying program. USCIS continues to post program details on its official EB-5 Immigrant Investor Program page, which is a reliable source for updated policy and form instructions.

Impact on Applicants and Projects

For many families, the biggest concern is whether they can still file and whether their place in line holds. For direct and Regional Center investors alike, the core answer is yes: you can file, and USCIS can work your case. The practical concern is timing. If your Form I-526 or Form I-829 requires checks with another federal office, a shutdown can stretch the wait.

Consider these scenarios:

• A straightforward direct investor case with funds already traced and a project that does not involve complex government permits may allow USCIS to issue a decision without much outside help.
• A Regional Center case often draws on economic models, job creation forecasts, and documents that may reference other federal data or require follow-up with partner agencies. That is where slowdowns often appear.

Regional Center designation and project timelines

• The biggest shutdown risk historically has applied to designation or amendment filings. When USCIS placed Form I-924 work on hold during previous shutdowns, project timelines slipped.
• Developers who depend on a designation to show investors that the platform is active and authorized can face delays to offering windows and construction schedules.

What happens if a Regional Center is terminated or debarred?

• Investors with pending or approved petitions may keep eligibility by moving to a new Regional Center or to a new commercial enterprise.
• USCIS allows amendments to reflect that change.
• Investors generally have up to 180 days from the notice to make the switch. This timeline offers a path to preserve a priority date and avoid starting over.

Consular operations and visa issuance

• Families outside the United States 🇺🇸 waiting for immigrant visa interviews face consular risks: interview slots can disappear and printing of visas may stop if a local embassy or consulate limits services.
• These pauses usually do not erase eligibility. Once posts reopen, cases resume.
• Applicants should:
  • Check email and the consular portal often
  • Keep civil documents valid
  • Be ready to attend a new date on short notice

Guidance for employers, project sponsors, and developers

• Plan around possible holds on designation or amendment filings.
• Add schedule cushions for project timelines that rely on quick federal responses.
• Keep investors informed with clear updates to reduce anxiety and prevent rumor-driven withdrawals.

Practical Steps for Investors and Attorneys

For individual investors thinking about when to file, early preparation pays off:

• Collect financial evidence: bank statements, sale records, gift deeds, and tax proofs to trace funds.
• Prepare project due diligence reports to answer Form I-526 questions quickly.
• Keep both physical and digital copies of documents.

Other practical tips:

1. Because USCIS continues accepting new filings during a shutdown, do not wait to file a complete package if you can do so now. Locking in a receipt date helps preserve place in line.
2. Mailing and lockbox operations have continued during past shutdowns, keeping the intake pipeline open.
3. For Form I-829, file on time and keep the receipt and extension notice. Conditional permanent residents need proof of status while USCIS reviews the case.
4. Print the receipt notice and save a digital copy on your phone.

Attorneys commonly advise clients to expect uneven speed during funding gaps:

• Some files move; others sit.
• If your case needs an outside report or inter-agency signoff, patience is part of the plan.
• Actions you can take regardless: answer USCIS notices quickly, keep contact details current, and monitor your online account.

Project developers should also:

• Map the impact on job creation timelines.
• Update job creation forecasts and maintain records when milestones shift.
• Document any schedule changes clearly so USCIS can connect jobs to the investment during I-829 review.

Policy Stability and Official Resources

One final policy point: because the Regional Center Program is authorized through September 30, 2027, a shutdown should not pause the program itself. That distinction matters: a budget shutdown is different from a lapse in program authorization. The law funding the program remains in place, which supports ongoing processing—subject to the practical slowdowns described above.

For official instructions, eligibility rules, and updates tied to EB-5, check USCIS’s program overview page: https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program.

For form-specific guidance, review the instructions for:
– Form I-526
– Form I-829
– Form I-924

Keeping those links bookmarked can save time when you need to confirm a filing address, a fee, or a documentary requirement during a period when phone lines or in-person help might be limited.

In short: the EB-5 system does not stop during a government shutdown. It bends in predictable ways—investor petitions continue at USCIS; Regional Center designations can pause; consular visa steps may slow. Investors, families, and project teams who prepare for those bends—by filing early, keeping documents current, and planning for some delays—tend to ride out the gap with fewer surprises.