Breaking News! U.S. Government & Regional Centers Shutdown – Is Your Immigration Application Safe?

On October 1, 2025, at 12:01 AM, the U.S. government officially shut down. What does this mean for you?

https://www.whitehouse.gov/government-shutdown-clock/

Impact of the Government Shutdown on Immigration Applications

We immediately consulted with top immigration attorney Oliver Yang to discuss the real implications of this government shutdown on immigration matters.

First, a government "shutdown" occurs when Congress fails to pass a budget or temporary funding bill before the new fiscal year begins (typically on October 1). This results in the federal government not being able to authorize funding and having to suspend certain operations.

Currently, the U.S. Citizenship and Immigration Services (USCIS) is still functioning as usual. Applications such as L-1, EB-1A, EB-5, NIW, and I-485 are largely unaffected because USCIS operates mainly on application fees rather than Congressional appropriations.

However, the Department of Labor (DOL) is fully shut down, which greatly affects work visa holders. All operations related to H-1B labor applications, prevailing wage determinations, and PERM labor certifications are suspended.

While USCIS's core functions like EB-5 reviews are likely to continue during the shutdown due to its independent funding, processing H-1B work visa applications will inevitably be impacted as it requires coordination with the DOL.

A New Warning for EB-5 Applicants

Despite minimal impact on EB-5 applications, another significant update has sent shockwaves through the EB-5 investor community. The USCIS has issued a "Regional Center Shutdown Notice" to numerous EB-5 investors.

What does this notice mean? Many investors have received notifications that certain regional centers have been shut down due to non-compliance and failure to pay fees on time.

While this shutdown may sound alarming, it is a niche issue that aims to protect investors. The new EB-5 Reform and Integrity Act (RIA), effective since 2022, has set higher standards for regional center operations. Importantly, it includes a “Innocent Investor Protection Clause,” which mandates that if a regional center shuts down, USCIS cannot directly reject the investor's immigration application. Instead, they must formally notify the investor and provide sufficient time to remedy the situation.

This is the first large-scale application of this clause since the new law took effect. According to USCIS, affected investors have a 180-day window to choose one of three options:

1. Prove Eligibility is Unaffected: Demonstrate that your investment and project still meet all EB-5 requirements despite the regional center's shutdown.

2. Switch to a New Regional Center: Find a new compliant regional center for your current project.

3. Make a New Qualifying Investment: If there are issues with your original project, invest in a new qualifying EB-5 project.

How Will the Regional Center Shutdown Affect Your Immigration Application?

From a legal perspective, our in-house lawyers analyzed the three options:

● Best Case (Option 1): If the regional center shut down for administrative reasons (like failing to submit annual reports), and your underlying project is strong, you just need to clarify to USCIS that your green card application remains unaffected.

● Active Remediation Needed (Option 2): If the center was shut down for negative reasons (like fraud), but your project is legitimate, you’ll need assistance to find a new compliant regional center and submit an application amendment to USCIS.

● Worst Case (Option 3): If both the regional center and project face issues, your only option might be to make a new investment in a different EB-5 project.

This situation clearly shows that the operational status, compliance record, and financial health of a regional center directly influence your green card application process for years to come. Our dedicated legal and risk team at GLOBEVISA is here to ensure you navigate this landscape safely.

GLOBEVISA: Your Partner in Safe Immigration Applications

Today's budget crisis and tomorrow's regional center shutdown are just a few of the unpredictable "roadblocks" on the immigration journey. While we can’t control the macro environment, we can choose a professional, forward-thinking partner to minimize risks.

In light of the regional center shutdown, we have proactively prepared for EB-5 investors by:

● Rigorous Project Selection: Our project selection standards go beyond just feasibility. We conduct thorough due diligence on the regional center's background, compliance history, and operational capability to mitigate risks from the start.

● Comprehensive Risk Management: From application submission to temporary green card approval and beyond, we provide continuous risk monitoring and management, ensuring timely professional analysis and solutions regardless of policy changes.

● Robust Legal Support: We maintain close partnerships with top immigration law firms to provide authoritative legal support for complex legal issues like the “shutdown notices.”

 

Immigrating to the U.S. is a significant decision for your family’s future. Don’t just react to risks, actively manage them. Whether you’re a potential investor or have doubts about current immigration policies, we are here to illuminate your path with expertise and experience.

For more personalized guidance, reach out today!

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