On October 1, 2025, the US federal government entered a partial shutdown following Congress’s inability to pass full-year appropriations. Inevitably, such a shutdown raises questions among EB5 investors: Will USCIS stop processing? Will visa stamping or consular processing slow? Is there a risk of a pause in the program?
USCIS remains operational
Reassuringly, USCIS continues to work during the shutdown. Because USCIS is primarily funded through application and petition fees rather than by annual congressional appropriations, it is not subject to a shutdown in the same way as agencies relying on appropriations. In fact, practice alerts from immigration law groups confirm that business as usual is expected for fee-funded adjudications during the lapse in funding.
Expected implications for EB5 filings and processing
Given USCIS’s fee-funded structure, the direct impact on EB5 adjudications is minimal — you can expect:
- New filings (I-526E) will still be accepted and receipted.
- Responses to Requests for Evidence (RFEs) should still be processed.
- I-829 (petition to remove conditions) adjudications should continue.
- USCIS will continue its role in reviewing and approving EB5 petitions under the statute in effect at the time of filing.
However, the shutdown can create secondary friction points in these areas:
- Consular visa issuance: Although USCIS remains fully operational, US embassies and consulates abroad are funded through congressional appropriations. During a shutdown, visa stamping and interviews may be deprioritized or delayed, which can affect the processing of EB5 applicants who are outside the US.
- Interagency dependencies: Certain EB5 steps require coordination with other government agencies beyond USCIS, such as the Department of State or the Department of Labor. If those agencies scale back operations during a shutdown, this move can introduce minor slowdowns.
In short: the core engine of EB5 processing doesn’t shut down, but peripheral delays are possible — especially for visa issuance and coordination with other agencies.
Why the program won’t be suspended
Some investors recall past shutdowns during which the EB5 Regional Center Program effectively halted because Congress had not reauthorized it. Under the old regime, the program depended on its inclusion in appropriations legislation, so a lapse could suspend EB5 operations. That is not the case today.
- With the EB-5 Reform and Integrity Act of 2022 (the “RIA”), Congress reauthorized the Regional Center Program through September 30, 2027.
- The RIA includes a grandfathering provision: any EB5 petition filed on or before September 30, 2026, will continue to be adjudicated under the rules in effect at the time of filing, even if the program’s statutory authorization lapses later.
- Because the program is already authorized under law, a government funding lapse (i.e., a shutdown) does not suspend EB5 operations.
Real-world evidence: LCR client approvals in October 2025
LCR is a leading EB5 regional center and fund manager, dedicated to guiding international investors and their families through the US Green Card by Investment (EB5) program. We have already observed approvals in October 2025— clients receiving both I-526E and I-829 decisions after the October 1, 2025, funding lapse. This demonstrates that USCIS is continuing adjudications even during the shutdown, and that the program infrastructure is functioning.
That real-world outcome affirms our confidence that, from the standpoint of USCIS adjudications, the shutdown is unlikely to derail your EB5 path.
What investors should do now (and what to watch for)
- File before September 30, 2026: Because of the grandfathering clause, it remains critically important to submit EB5 petitions before that date to secure protection under the existing legal regime.
- Be proactive with visa planning: If your EB5 path includes consular processing, be mindful that visa appointment wait times or embassy functions may experience delays.
- Maintain flexibility and buffer time: Recognize that even minor interagency or consular delays can ripple into processing timelines; plan accordingly.
- Monitor legislative developments: Although the program is authorized through 2027, future administrations or Congress may propose changes.
- Stay engaged with counsel and regional centers: Having trusted counsel and responsive regional centers will help you to navigate any delays or requests.
Conclusion
The 2025 US government shutdown, although disruptive in many areas, does not materially threaten EB5 processing. Thanks to USCIS’s fee-funded model and the statutory reauthorization of the EB5 program through 2027 (with a grandfathering clause for filings through 2026), adjudications continue. Although some peripheral delays — particularly in consular visa issuance or interagency coordination — may occur, the core path toward US Green Card by Investment via EB5 remains intact. And, as LCR’s own client experience shows, approvals are still arriving even after October 1, 2025.
