Foreign nationals who rely on the EB-5 visa as a path to a U.S. Green Card now face one of the program's most consequential deadlines in its history: September 30, 2026. That is the grandfathering cutoff established by the EB-5 Reform and Integrity Act of 2022 (RIA). It is entirely separate from the program's expiration date. For investors seriously considering the EB-5 visa as serious option to immigrate to the United States, or for those looking to gift their child studying in the USA an Eb5, less than 5 months remain.
This post explains the deadline, the protections associated with timely filing, and why many immigration attorneys consider it highly significant.
Two Deadlines, One EB-5 Visa Program
The EB-5 Regional Center Program is authorized through September 30, 2027. Many EB-5 visa applicants read that date and conclude they have until 2027 to file. That conclusion is not entirely correct.
The RIA contains a grandfathering provision that applies only to investors who file Form I-526E on or before September 30, 2026. The one-year gap between the grandfathering deadline and the program authorization expiration determines whether a petition is still protected if Congress changes the program in 2027. As we know, the US is in a volatile political and US immigration climate, and this Eb5 protection may be a saving grace for many.
What the Grandfathering Provision Guarantees
A qualifying I-526E petition filed on or before September 30, 2026, carries the following statutory protections:
- Continued USCIS adjudication, even if the Regional Center Program is restructured after 2027.
- A priority date governed by today's EB-5 visa requirements, including investment thresholds of $800,000 for Targeted Employment Area (TEA) projects and $1,050,000 for non-TEA projects.
- Preserved derivative eligibility for the investor's spouse and unmarried children under age 21
- A clearly defined path to unconditional lawful permanent residence.
A signed subscription agreement or a regional center project approval alone does not substitute for a timely filed petition, as the protection attaches to the I-526E filing date. EB-5 lawyers consistently flag this misunderstanding as the most common planning error among new investors.
EB-5 Visa Requirements and the 2027 Investment Increase Risk
Current EB-5 visa requirements set the minimum investment at $800,000 for TEA projects and $1,050,000 for non-TEA projects. The RIA established those amounts in 2022, and they have remained unchanged since then. Immigration policy analysts broadly expect that if Congress reauthorizes the Regional Center Program in 2027, higher investment minimums are likely as a condition of renewal. It is quite likely the investment requirements will increase.
Investors who file before September 30, 2026 lock in both the current EB-5 visa requirements and grandfathering protection in a single filing. An investor who waits until after September 30, 2026 may enter at the current investment level while the program is active, but does so without the grandfathering protection created under the RIA.
Why the 2021 Lapse Matters to Every EB-5 Investor Today
In 2021, Congress allowed the EB-5 Regional Center Program to expire without reauthorization. USCIS suspended approvals of Regional Center petitions, and many investors found themselves stuck in limbo until Congress restored the program in 2022.
Some investors experienced months of uncertainty as pending projects stalled and immigration timelines became impossible to predict. Families planning school enrollment, business expansion, or relocation to the United States were forced to postpone major decisions while waiting for Congress to act.
The RIA was designed to provide continued processing protections for certain petitions filed before September 30, 2026, even if Congress later changes or temporarily allows the program to expire again.
Who Faces the Most Immediate Pressure
Not every investor faces the same timing pressure. For applicants born in China or India, visa backlogs can add years to the process because of annual country limits. Filing before September 30, 2026, will not eliminate those delays, but getting into the queue earlier can still matter significantly.
Families with children approaching the age of 21 face additional pressure. The Child Status Protection Act can help prevent certain beneficiaries from exceeding the age limit while their applications are being processed; in practice, however, families with teenagers often have to assess their options much sooner than they anticipated.
Investors already living in the United States may have another consideration altogether. Individuals with H-1B, L-1 or E-2 status could eventually qualify to apply for adjustment of status inside the country after filing the EB-5 petition. For some families, that can mean access to work authorization and travel permission while the case remains pending, which may determine how quickly they decide to proceed.
The Window for Action Is Closing
Filing your Eb5 petition before September 30, 2026, gives investors two important advantages. It preserves the current investment thresholds and provides protection if Congress later changes or interrupts the program.
However, filing an I-526E is not a one-day task: document collection, source-of-funds analysis, project due diligence, and legal review each require time. With fewer than five months remaining, investors who have not yet engaged EB-5 attorneys should begin immediately.
If you have questions about EB-5 visa requirements or the September 30, 2026, grandfathering deadline, contact Mubarak Law. Our immigration attorneys are available at (407) 502-3000. You can also submit your information using the online form on this page, and a member of our team will respond promptly.
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