How the Government Shutdown Affects EB-5 Processing
December 31st, 2018 - Kyle Behring
On December 21st, 2018, President Trump did not sign into law the federal spending bill, leading to a government shutdown. During government shutdowns, the Regional Center EB-5 program lapses and no new I-526 petitions which are associated with EB-5 Regional Center can be filed.
Although I-526 petitions can continue to be prepared, the petitions cannot be mailed to USCIS until the federal spending bill is passed and the program receives an extension.
Despite the government shut, EB-5 petitioners with submitted applications will still need to file timely responses to USCIS Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). Additionally, investors can continue to prepare and file I-829 petitions.
For Consular Processing
The State Department will not schedule new immigrant visa interviews until extension of the EB-5 Regional Center program is signed into law and the government resumes operations. If the immigrant visa interview was previously scheduled, and the Consular Post has not reached out to cancel said interview, the investor and family should still plan to attend. However, please note that the immigrant visas will not be issued until the federal government resumes operations. The State Department will experience a significant slowdown and all visa-issuing services will be unavailable during the duration of the government shutdown. EB-5 petitioners will be unable to file new DS-260 applications and supporting documents until the program is officially extended and the Visa Bulletin is updated.
For Adjustment of Status Processing
EB-5 petitioners will be unable to file any new adjustment of status applications (I-485) based on their I-526 petition approval until the program is officially extended and the Visa Bulletin is updated. However, investors can continue to file renewals of employment authorization and advance parole and should continue responding in a timely manner to USCIS RFEs relating to pending adjustment of status applications. USCIS will likely not schedule any adjustment of status interviews until the conclusion of the shutdown and extension of the EB-5 Regional Center program.
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