# Is Immigration affected by the Partial Government Shutdown?

- Link: https://www.lumlawgroup.com/is-immigration-affected-by-the-partial-government-shutdown/
- Published: 2018-12-28T10:10:09-08:00
- Author: Albert J Lum

With the recent (partial) government shutdown, many are left wondering what will
happen once the holidays are over and everyone is back to business. We know a partial
government shutdown affects federal employees, but **how does it affect you?** To
answer your questions, we’ve collected key points from a variety of sources (listed
at the end).

If by “immigration” we mean whether the United States Citizenship and Immigration
Services (USCIS) agency is affected by the partial government shutdown, then[ the short answer is “no”](https://www.uscis.gov/news/alerts/lapse-federal-funding-does-not-impact-most-uscis-operations).
USCIS is not funded by the government budget; it operates on its filing fees (which
you pay).

[⌊USCIS tweet re government shutdown⌉⌊USCIS tweet re government shutdown⌉[

The exception and long answer to the above question is when it’s a separately funded
program under USCIS, such as the EB-5 investor program.  To make it easier for you,
here’s a list of what is affected by the partial government shutdown:

 * [USCIS EB-5 Regional Center Visa Program:](https://www.uscis.gov/eb-5) Expired
   and not renewed as of yet. This means USCIS and Department of State will not 
   accept any new EB-5 applications until the program is reactivated.
 * USCIS [Conrad 30 Waiver Program:](https://www.uscis.gov/working-united-states/students-and-exchange-visitors/conrad-30-waiver-program)
   Also expired and not renewed as of yet. This means USCIS and Department of State
   will not accept any new EB-5 applications until the program is reactivated.
 * USCIS [Special Immigrant Religious Workers Program](https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-fourth-preference-eb-4/special-immigrant-religious-workers):
   The Eb-4 non-minister special immigrant religious worker program expired and 
   is currently not active.
 * [E-verify:](https://www.e-verify.gov/) Currently not funded. Processing of E-
   verify application halted. Employers are advised to use traditional I-9 forms
   and manually verify employment eligibility.
 * [Customs and Border Protection (CBP): ](https://www.cbp.gov/)While CBP is considered
   an “essential” agency, **any visa or immigration-related application submitted
   at the border** could be affected. The processing of any applications is not 
   guaranteed.
 * [Department of State (DOS):](https://www.state.gov/) While DOS has not received
   funding as of yet, it too operates on fees and will actively process visas and
   passports as long as it still has “reserves” left.  Check with your local passport
   office to ensure it is not affected by a federal building shutdown.
 * [Immigration Courts:](https://www.justice.gov/eoir/los-angeles-immigration-court)
   As with previous furloughs ([AILA resource](https://www.aila.org/infonet/what-happens-if-the-government-shuts-down)),
   Immigration Courts handling non-detained immigrant cases will be closed, while
   Immigration Courts handling detained immigrant cases will continue to process.
   Details regarding exemptions from furlough as released by the Department of Justice
   are as follow:

> “_Executive Office for Immigration Review: Excepted employees are needed to process
> all immigration cases and appeals involving detained aliens, including criminal
> aliens; provide Headquarters oversight of excepted functions; provide administrative
> support for excepted functions; and preserve jurisdictional viability of discrimination
> cases within the Administrative Law Judge function_”
>  

Do you still have questions regarding the partial government shutdown? Or do you
have questions regarding your immigration status? [Contact our office to](https://lumlawgroup.com/Staging/contact-us/)
speak with an experience immigration attorney today!