EB-5 Grandfathering Deadline: September 30, 2026
Under the EB-5 Reform and Integrity Act of 2022, EB-5 investor petitions filed on or before September 30, 2026 are "grandfathered": USCIS must keep processing them under the rules in place when they were filed, even if the regional center program later expires or changes. Petitions filed from October 1, 2026 can still be filed while the program is authorized, through September 30, 2027, but they lose that protection. Grandfathering protects against a program lapse only; it does not guarantee approval.
The Sept 30, 2026 EB-5 grandfathering filing deadline has passed; regional center authorization continues through Sept 30, 2027.
The November 2, 2026 review could not confirm this status from current authoritative sources. The previously verified status is shown above.
On this page
- Grandfathering deadline
- Deadline passed Sept 30, 2026
- Regional center program
- Authorized through Sept 30, 2027
- Minimum investment (as of Sept 2026)
- $800,000 (targeted employment area or infrastructure) or $1,050,000
- Next investment change
- Inflation adjustment scheduled for Jan 1, 2027
- Jobs required
- 10 full-time jobs per investor
- Petition fee (USCIS schedule, Sept 9, 2026)
- $3,675 for Form I-526E, plus a separate $1,000 fee for regional center petitions
- What it does not do
- Guarantee approval or shorten visa backlogs
Timeline
| Date | Event |
|---|---|
| Mar 15, 2022 | The EB-5 Reform and Integrity Act (RIA) is signed into law |
| May 14, 2022 | The RIA takes effect; the regional center program is reauthorized through Sept 30, 2027 |
| Sept 30, 2026 | Last day for EB-5 petitions to be filed with grandfathering protection |
| Oct 1, 2026 | New petitions are no longer grandfathered |
| Jan 1, 2027 | The minimum investment amounts are scheduled for their first inflation adjustment under the RIA |
| Sept 30, 2027 | The regional center program's authorization ends unless Congress extends it |
What grandfathering means
The EB-5 program has two routes. Direct investment (Form I-526) is a permanent part of the law. The regional center route (Form I-526E), used by most investors, must be reauthorized by Congress from time to time. When it lapsed in 2021, pending regional center cases were frozen for months.
The 2022 law added a safeguard: petitions filed on or before September 30, 2026 will continue to be processed, through the investor's green card and the later petition to remove conditions (Form I-829), under the rules in effect when they were filed, even if the program lapses or Congress changes the rules.
What grandfathering does not do:
- It does not guarantee approval; you still must prove lawful source of funds, an at-risk investment, and job creation.
- It does not shorten waits caused by visa backlogs, for example for investors born in China or India. See priority dates.
- It does not lock in a lower investment amount beyond what applies on your filing date.
What changes after September 30, 2026
- Investors can still file Form I-526E until the program's authorization ends on September 30, 2027.
- But if Congress does not extend the program by then, USCIS would not be required to keep processing petitions filed after September 30, 2026.
- Investment amounts are scheduled to rise with inflation on January 1, 2027, so later filers may need to invest more.
Congress could extend or change these dates. The September 30, 2026 grandfathering deadline has passed. Check USCIS and current law for any later change.
What to do now
The September 30, 2026 grandfathering filing deadline has passed. New regional center petitions may still be filed while the program remains authorized through September 30, 2027, but they do not have the same statutory grandfathering protection. Review current USCIS forms and fees, carry out independent investment due diligence, and consult an experienced EB-5 lawyer.
Frequently asked questions
What is the EB-5 grandfathering deadline?
September 30, 2026. EB-5 petitions filed on or before that date must continue to be processed even if the regional center program later lapses or changes.
Can I still file an EB-5 petition after September 30, 2026?
Yes, while the regional center program is authorized (through September 30, 2027), but the petition will not have grandfathering protection.
Does grandfathering apply to my family members?
Grandfathering attaches to the investor's petition, and spouses and children under 21 included as derivatives follow that petition.
Will the EB-5 investment amount go up?
The law schedules an inflation adjustment of the minimum investment amounts for January 1, 2027.
Does grandfathering guarantee my green card?
No. It protects your petition from a program lapse, but you must still meet every EB-5 requirement.
Official sources
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.