A possible government shutdown looms on December 21, potentially impacting numerous EB-5 investors.
If there is a government shutdown in the United States, it can have significant effects on the U.S. Citizenship and Immigration Services (USCIS), though some aspects of its operations may continue. The good news for investors is that government shutdowns are not too frequent and are typically short in duration.
There have been 21 government shutdowns in US history and the longest one lasted 34 days, stretching from December 22, 2018, to January 25, 2019. A government shutdown could impact USCIS in seven ways:
1. USCIS Funding and Operations
USCIS is primarily funded through fees collected from applicants for immigration services, not through general appropriations from Congress. This means that during a government shutdown, USCIS may be able to continue operating for some time, as long as the agency can rely on these fees.
However, certain activities might be affected, especially if the shutdown is prolonged, or if the agency faces limitations on other resources.
2. Delays in Processing
While USCIS may continue to accept applications and petitions (such as for visas, green cards, and citizenship), there could be delays in processing due to reduced staffing. The agency typically operates at full capacity with the support of additional funding from Congress. A shutdown could lead to temporary furloughs, which would slow down case processing and lead to longer waiting times.
3. Adverse Impact on Other Agencies
Although USCIS is fee-funded, other parts of the immigration system, such as the U.S. Department of State (for consular services and visa issuance), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE), rely on general government funding. A government shutdown can disrupt the coordination and smooth functioning of these agencies, which may indirectly affect USCIS operations. For instance, delays in visa processing by the Department of State could affect the timelines for USCIS applications involving family members or employment-based petitions.
4. Emergency Services and Functions
USCIS would continue to provide emergency services during a shutdown, such as the processing of emergency visa applications and petitions. However, routine services and applications may be subject to slower processing times.
5. Changes to Scheduled Appointments
If a government shutdown occurs, scheduled interviews, biometric appointments, and naturalization ceremonies might be delayed or canceled. USCIS typically tries to minimize disruptions in essential services, but depending on the length of the shutdown, these services may be impacted.
6. Communication and Updates
During a shutdown, USCIS may issue updates on how specific services are affected. It’s important for applicants and petitioners to stay informed through the USCIS website or other official communication channels.
