DHS Shutdown: Why EB-5 Kept Moving While Other Programs Paused
The February 2026 DHS funding lapse didn't affect EB-5. Learn why the program continued operating, what stopped, and what investors should know.
When the Department of Homeland Security entered a partial funding lapse in February 2026, EB-5 investors were unaffected. Here's why the program kept running while Global Entry and other services paused.
EB-5 Is Fully Authorized Through September 30, 2027
The most important fact for EB-5 investors: the EB-5 Immigrant Investor Regional Center Program is explicitly authorized through September 30, 2027 under the EB-5 Reform and Integrity Act. This authorization is independent of annual DHS appropriations. A DHS funding lapse does not affect EB-5 program authority. From EB-5 Insights (Greenberg Traurig), February 26, 2026: "EB-5 Immigrant Investor Regional Center Program: The EB-5 program continues, as it is authorized through Sept. 30, 2027, and is not impacted by the current DHS funding lapse."
Why USCIS Keeps Running During Shutdowns
USCIS is funded almost entirely by filing fees paid by applicants—not by annual congressional appropriations. This fee-based model means the agency continues processing regardless of whether Congress passes an appropriations bill.
What Did and Didn't Stop
Continuing during the shutdown: - USCIS adjudication of I-526E, I-829, I-485, work permits (EAD), and advance parole - Premium processing requests - Department of State consular visa processing (fully funded through FY2026) - ICE enforcement operations (separately funded) - CBP port of entry operations Paused or disrupted: - Global Entry (suspended February 22, 2026) - Certain non-essential USCIS support functions and public engagement programs
Practical Advice
Continue filing I-526E petitions on normal timelines. Processing continues. Document any shutdown-related barriers if they affected a filing deadline—USCIS has historically accepted late filings with proper documentation. Expect Global Entry disruptions to continue until the shutdown resolves. Plan international travel accordingly.