EB-5 Grandfathering Deadline: September 30, 2026

Q: What is the EB-5 September 30, 2026 grandfathering deadline?

It is the statutory cut-off in the EB-5 Reform and Integrity Act of 2022. A Form I-526E that USCIS accepts as properly filed on or before that date keeps being processed even if Congress lets the Regional Center Program lapse afterwards.

Last Updated:	August 2026
Written by:	*Mark I. Davies, Esq., MBA (Wharton School), Fellow University of Pennsylvania Carey Law School. Ga. Bar License #: 283816, AILA Member, SRA ID: #384468.*
Reviewed by:	*Sukanya Raman, Esq., Managing Attorney Davies & Associates, India*

Under the EB-5 Reform and Integrity Act of 2022, an EB-5 petition that is properly filed on or before September 30, 2026 must continue to be processed even if the Regional Center Program later expires. USCIS may not deny the petition solely because the program has lapsed. The Regional Center Program is currently authorized through September 30, 2027.

Grandfathering deadline to file Form I-526E:

September 30, 2026

Regional Center Program currently authorized through September 30, 2027.

Current as of August 2026. Visa availability and program dates can change; confirm the latest position in the current Visa Bulletin and USCIS guidance before relying on it. This page addresses general program dates, not individual eligibility. Speak with an attorney about your own circumstances.

What does the grandfathering provision protect?

The EB-5 Reform and Integrity Act of 2022 (RIA, Pub. L. 117-103) added a grandfathering provision for the Regional Center Program, the statute’s protection-from-expired-legislation clause at 8 U.S.C. 1153(b)(5). A petition that is properly filed with USCIS on or before September 30, 2026 must continue to be processed, and cannot be denied, and visa allocation to its beneficiaries cannot be suspended, solely because the Regional Center Program later lapses. The protection is not limited to the initial Form I-526E; it carries through to the related Form I-829 petition to remove conditions on residence, so a family that files in time is covered through the later stages of the case.

USCIS has to accept the petition as properly filed, which is a term of art: if it rejects the package for the wrong fee, a missing signature or an out-of-date form edition, the filing date may not be preserved, and there is no cure once the cut-off has passed. Retaining counsel, documenting the source of funds, and moving the money into the project all take time, so an investor who leaves it to late September has no room to fix a rejected filing.

In our EB-5 practice we generally advise clients aiming at this deadline to begin the source-of-funds work and sign a retainer several months ahead, not weeks. A package returned in late September for a fee or signature defect usually cannot be corrected and re-filed before the cut-off, so that lead time, rather than the filing itself, is often what decides whether an investor makes the date.

The protection attaches only to petitions filed by September 30, 2026. A petition that misses the date, even while the program is still running, is not grandfathered and stays subject to whatever Congress does at the next reauthorization.

The program itself runs through September 30, 2027, a full year past the September 30, 2026 grandfathering cut-off. A petition filed during that final year still counts, but it loses the protection if the program later lapses.

Where grandfathering stops

Grandfathering only protects a filed petition against a program lapse. It does not guarantee approval. The underlying eligibility requirements still apply, and visa-number backlogs, retrogression and processing times are all unaffected by it.

Who does the deadline affect?

The date matters most to investors going through a Regional Center who have not yet filed. If you are planning a Regional Center EB-5 investment and expect to move ahead in the coming months, filing on or before September 30, 2026 secures the protection. If you have already filed a qualifying I-526E, the statutory protection already applies to that petition. For investors already in the United States on another status, such as H-1B or F-1, filing while a visa number is available has an added benefit: an I-526E filed together with Form I-485 can carry work authorization and advance parole while the case is pending.

The direct EB-5 category works differently. Generally filed on Form I-526, it has been permanently authorized since the Immigration Act of 1990 and does not depend on Regional Center reauthorization, so the September 30, 2026 date matters less to a direct investor. Direct investors still face the same January 1, 2027 minimum-investment increase, so the timing of the investment continues to matter even where grandfathering does not.

How much will the EB-5 minimum investment rise in 2027?

The RIA set today’s EB-5 minimums in 2022: $800,000 for a rural, high-unemployment or qualifying infrastructure project, and $1,050,000 for a standard project. It also tied those figures to inflation (the Consumer Price Index for All Urban Consumers), with adjustments every five years. The first adjustment takes effect on January 1, 2027. Industry modelling of the CPI formula, including analyses presented at IIUSA industry forums, points to the $800,000 tier rising to roughly $937,500, though DHS has not yet published the official figure. An investor who files before that date locks in today’s minimum, and for many investors that date falls close to the grandfathering deadline.

Project type	Current minimum (set 2022)	From January 1, 2027
Rural, high-unemployment or infrastructure (TEA)	$800,000	Rises with CPI (industry estimate around $937,500; DHS figure not yet published)
Standard project	$1,050,000	Rises with CPI (DHS figure not yet published)

DHS has also proposed to overhaul the EB-5 regulations. The proposed rule, published on July 2, 2026, would add a new high-employment-area tier at a proposed $1,400,000 minimum and confirm the automatic inflation adjustments. Its public comment period runs until August 31, 2026. The rule is not yet in force, and it does not move the September 30, 2026 grandfathering date.

Current EB-5 visa availability (August 2026)

Visa availability sets when an approved investor can actually take a green card, and it moves independently of the program dates. The August 2026 Visa Bulletin (Final Action Dates) shows:

Category	India	China (mainland)	All other countries
Unreserved (standard)	Unavailable	01 Dec 2016	Current
Set-asides: Rural / High Unemployment / Infrastructure	Current	Current	Current

For India, “Unavailable” means the unreserved allocation for the current fiscal year is used up; no unreserved numbers can be issued until the new fiscal year opens on October 1, 2026. The set-aside categories (rural, high-unemployment and infrastructure) stay Current for every country, including India and China, and in our own practice are the route most new Indian and Chinese filings now take. For a running record of Visa Bulletin movement, see our EB-5 program updates page.

Considering an EB-5 investment before the deadline?

Whether the September 30, 2026 deadline is relevant to your plans depends on your situation, your source of funds, and the project you choose. Our attorneys can assess your timeline and documentation.

Speak with an EB-5 attorney

Frequently asked questions

What is the EB-5 September 30, 2026 grandfathering deadline?

It is the statutory cut-off in the Reform and Integrity Act of 2022. A Form I-526E that USCIS accepts as properly filed on or before that date keeps being processed even if Congress lets the Regional Center Program lapse afterwards.

Is the EB-5 Regional Center Program still authorized?

Yes. The Regional Center Program is authorized through September 30, 2027 under the Reform and Integrity Act of 2022.

Are EB-5 minimum investment amounts expected to rise?

Yes. The 2022 minimums of $800,000 and $1,050,000 are tied to inflation and reset every five years, with the first change due on January 1, 2027. DHS has not yet published the new figures.

About the Author

Mark I. Davies, Esq. is Global Managing Partner and Founder of Davies & Associates. JD, University of Pennsylvania Carey Law School. Licensed with the Solicitors Regulation Authority (SRA ID: 384468) in the UK, and a Member of the Law Society of England & Wales. MBA, The Wharton School, University of Pennsylvania. Admitted to the State Bar of Georgia (USA). Member of the American Immigration Lawyers Association (AILA). Independent profile: Avvo.

Area	Details
Education	JD, University of Pennsylvania Carey Law School \| MBA (Finance), The Wharton School, University of Pennsylvania \| Chartered Accountant (ICAEW)
Financial Training	Completed Analyst Training Program at a major international bank \| Chartered Accountant background with professional training in financial analysis and reporting
Legal Practice	Admitted to practice in Georgia (USA) \| Registered Solicitor with the Law Society of England & Wales \| Former CMBS lawyer at one of the world’s largest international law firms
Immigration Track Record	15+ years advising HNW investors. Track record of consistent approvals for clients who follow our source-of-funds documentation methodology. Hundreds of successful EB-5 and E-2 cases globally.
Recognition	Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023)
Professional Engagements	Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School \| Frequent speaker at global investment immigration conferences

Last updated August 2026.

Sources: EB-5 Reform and Integrity Act of 2022 (Pub. L. 117-103); U.S. Citizenship and Immigration Services, About the EB-5 Visa Classification; U.S. Department of State, Visa Bulletin for August 2026; U.S. Department of Homeland Security, proposed EB-5 rule published July 2, 2026 (public comment period open). This page is general information, not legal advice; visa availability and program dates can change.

: About Davies & Associates, LLC

The EB-5 September 30, 2026 Grandfathering Deadline