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How the US Government Shutdown Impacts Immigration Cases and Applicants

  • Writer: Zoe Wollenschlaeger
    Zoe Wollenschlaeger
  • 6 days ago
  • 4 min read

Whenever Congress fails to agree on federal spending, the United States faces a government shutdown. While many Americans notice immediate consequences like closed national parks or delayed services, one area often overlooked is immigration. The US Government Shutdown impacts immigration in ways that ripple through visa processing, Green Card applications, border enforcement, asylum cases, and even investor immigration programs. 


This guide breaks down how shutdowns affect different areas of immigration, what applicants can do to prepare, and how individuals and businesses can minimize risks. 


What Exactly Happens During a US Government Shutdown?


A government shutdown occurs when Congress fails to pass a funding bill, leaving federal agencies without authority to spend money on non-essential operations. Some workers are furloughed, while others deemed “essential” continue working without pay until funding is restored.


Immigration is complex because it involves multiple agencies, each with different funding models. For example:


  • USCIS (U.S. Citizenship and Immigration Services): Primarily funded by filing fees. Most of its services continue during a shutdown, although some support services may slow down.

  • DOS (Department of State): Visa processing at consulates and embassies can be delayed if staffing or funding for certain activities is disrupted.

  • DHS (Department of Homeland Security): Border operations continue, but some administrative services face strain.

  • DOJ (Department of Justice): Immigration courts are heavily impacted, as immigration judges and staff may be furloughed.


Understanding which functions continue and which halt is critical for anyone navigating immigration during a shutdown.


different us immigration agencies

US Government Shutdown Impacts Immigration Processing Times


One of the most visible consequences of a shutdown is the delay in immigration processing times. While USCIS continues to function because of its fee-funded model, related services that rely on congressional appropriations do not.


For example:


  • E-Verify: This system, used by employers to confirm work eligibility, is suspended. Employers cannot verify new hires, creating confusion for both businesses and employees.


  • Immigration Courts: Non-detained cases are put on hold. Only detained docket cases proceed. This means families and individuals with pending asylum hearings or Green Card appeals may wait months or even years longer.


  • Consular Services Abroad: Visa interviews may be delayed, leading to missed opportunities for students, professionals, or family reunification.


For applicants, these delays mean longer waits for work authorization, delayed family reunification, and missed business opportunities.


Impact on Employers and Foreign Workers


Employers who rely on immigrant talent also feel the strain. When the US Government Shutdown impacts immigration, businesses cannot fully access E-Verify or may face delays in securing visas for highly skilled workers. This is especially critical for industries like technology, healthcare, and seasonal labor where immigrant workers play a vital role.


In the event of a significantly long shutdown, students on F-1 or OPT visas may find job opportunities jeopardized if employers cannot navigate verification systems or face uncertainty about compliance.


US Government Shutdown Impact on Employers and Foreign Workers

EB-5 Investor Immigration During a Shutdown


Investor programs such as the EB-5 Immigrant Investor Program also feel the pressure of government shutdowns. While USCIS continues to accept filings, related reviews or oversight activities may slow down. 


USCIS relies on filing fees for its operations and is therefore sheltered from most of the negative impacts of a government shutdown. Processing times should not be impacted severely. 


At times like this, consulting an experienced EB-5 investment advisor can be invaluable. Advisors help investors evaluate timelines, assess EB-5 project stability, and understand how government disruptions may affect application milestones.


Learn more about how the EB-5 Reform and Integrity Act protects investors during uncertain times. Read our guide on EB-5 Investor Protections RIA.


US Government Shutdown Impacts Immigration Policy Enforcement


Beyond delays, shutdowns affect policy enforcement. Border operations and Customs and Border Protection (CBP) continue as essential services, but budget strain means longer wait times and fewer resources for non-essential functions.

Policy initiatives, new regulations, or pilot programs are often frozen. For example, immigration reform proposals or processing improvements may stall during a shutdown..


Practical Steps for Applicants During a Shutdown


While no applicant can fully escape the impact of a shutdown, there are proactive steps to minimize risks:


  1. File Early: Submitting applications well ahead of deadlines reduces the chance of being caught in a backlog.


  2. Stay Informed: Monitor USCIS, DOS, and DHS announcements for updates on operations.


  3. Maintain Copies: Always keep complete records of applications, receipts, and correspondence.


  4. Legal Guidance: Consider seeking professional help, especially if your case is time-sensitive.


  5. Plan for Delays: Anticipate longer waiting times and plan housing, employment, or travel accordingly.


Thinking of investing in a rural EB-5 project? Discover how to evaluate projects effectively and safeguard your investment.



Conclusion


Whether you are a family seeking reunification, an employer hiring skilled workers, or an EB-5 investor exploring US permanent residency by investment, the effects of a shutdown can be disruptive. The best strategy is preparation, reliable guidance, and staying informed about shifting timelines.


Do not be alarmed - contact our Team today to get a better understanding about how this shutdown may impact you. Ultimately, a short-term shutdown should not result in any major delays or impact to your EB-5 process. Have questions about your immigration or EB-5 application during a government shutdown? Contact our experts today for personalized guidance and timely solutions.



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DISCLOSURES

Securities are offered through Innovation Partners, LLC (IPLLC). Member of FINRA/SIPC, IPLLC is a Registered Investment Advisory Firm with the SEC under the Investment Advisers Act of 1940, and a registered Broker Dealer. Brandon Meyer is a Registered Representative with Innovation Partners LLC. Zoe Wollenschlaeger is a Registered Representative with Innovation Partners LLC. Check the background of these investment professionals on FINRA's BrokerCheck.

This communication is strictly intended for individuals residing in the state(s) of CA, DC, DE, FL, NJ, NV, NY, PA, TX, and WA. No offers may be made or accepted from any resident outside the specific states referenced. EB-5 Choice and Innovation Partners LLC are not affiliated entities.

The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. Please consult legal or tax professionals for specific information regarding your individual situation. Some of this material was developed and produced by EB-5 Choice to provide information on a topic that may be of interest. FMG Suite is not affiliated with the named representative, broker - dealer, state - or SEC - registered investment advisory firm. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security. Copyright 2019.

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