EB-5 Investors Face a Critical Grandfathering Deadline on September 30, 2026

Although the EB-5 Regional Center Program is currently authorized through September 30, 2027, prospective investors should not assume they have until that date to preserve protection under the current law. The more immediate and consequential deadline is September 30, 2026.

Under the EB-5 Reform and Integrity Act of 2022, investors who properly file Form I-526E received by US Citizenship & Immigration Services on or before September 30, 2026 may benefit from grandfathering protection if the Regional Center Program later lapses or expires. In contrast, investors who file after that date may still be able to file while the program remains authorized, but they may not have the same statutory protection if Congress does not reauthorize the program after September 30, 2027.

This distinction is critical. There are effectively two separate EB-5 dates that investors need to understand:

1. September 30, 2026 – Grandfathering Deadline

This is the key date for investors seeking the strongest protection under the current statutory framework. Petitions filed by this date are generally understood to be protected from a future lapse in the Regional Center Program.

2. September 30, 2027 – Program Authorization Expiration

This is the date through which the Regional Center Program is currently authorized. USCIS has indicated that the program remains in effect through this date. 

For investors, that means waiting until 2027 may be risky. Even though filings may still be possible after September 30, 2026 and before September 30, 2027, those later filings may not be protected if the program is not extended again. 

Because EB-5 preparation often takes substantial time and good projects may become scarce, investors should begin well in advance. Source of funds documentation, project due diligence, subscription review, and fund transfer planning can all create delays that make last-minute filing dangerous. 

If you are considering investing in the EB-5 program, we recommend consulting with our experienced immigration counsel to assess an effective strategy and ensure readiness to meet all filing, documentation, and compliance requirements.

We will continue to monitor developments and provide further updates.