EB-5 Grandfathering Deadline: What Filing After September 30, 2026 Means for Investors EB-5 sau 30/09/2026:
September 30, 2026 is the EB-5 grandfathering deadline, not the date the program EB-5 ends. The Regional Center Program remains in effect through September 30, 2027.
Updated September 2026What EB-5 grandfathering actually means
Under the grandfathering provision of the U.S. Immigration and Nationality Act (INA Section 203(b)(5)(S)), if the Regional Center Program expires, the U.S. Department of Homeland Security (DHS) must continue to process petitions filed on or before September 30, 2026.
A petition is not denied solely because the program expires. Nor is visa issuance for beneficiaries of an approved petition suspended for that reason alone.
This protection first appeared in the EB-5 Reform and Integrity Act of 2022 (RIA). In the more than 30 years before that, EB-5 law had no comparable provision.
It only determines which petitions are grandfathered. A Form I-526E filed on October 1, 2026 still falls within the program's current authorization period; it simply no longer has grandfathering protection.
Three dates, three distinct effects
| Date | What it affects | What changes after the date |
|---|---|---|
| September 30, 2026 | Grandfathering | Petitions filed after this date are no longer protected by grandfathering |
| January 1, 2027 | Investment amount | Investment amounts are adjusted for inflation for the first time, then every 5 years thereafter |
| September 30, 2027 | Program authorization | The program must be reauthorized by the U.S. Congress to continue operating |
Three decades of EB-5: a look back at periods of change
The 2021 precedent: what actually happened to the program?
What happened
On June 30, 2021, the Regional Center Program lapsed. It remained suspended for nearly nine months.
Pending petitions
USCIS held pending regional center petitions in abeyance and did not accept new regional center petitions during this period.
Outcome
The program was not abolished; it was reauthorized by the RIA, with a stricter regulatory framework than before.
Why reauthorization appears more likely than termination
Legislative history
When major shortcomings have emerged, Congress has tended to reform the program rather than eliminate it.
How the 2022 RIA is structured
The law extended the program to 2027, raised transparency requirements, established the EB-5 Integrity Fund, and strengthened oversight of projects and intermediaries.
The 2021 precedent
The program has lapsed before and was restored.
Scale of capital flows
Between 2016 and 2019, the program raised approximately US$17.5 billion in EB-5capital, out of US$75.2 billion in total project investment.
Economic impact
The program is estimated to have created approximately 1.7 million jobs and contributed approximately US$184 billion to U.S. GDP.
Bipartisan consensus
The RIA was the result of years of collaboration between Senator Chuck Grassley and former Senator Patrick Leahy.
EB-5 minimum investment amounts and the January 1, 2027 adjustment
| Project type | Current minimum investment |
|---|---|
| Projects in a TEA or qualifying infrastructure projects | US$800,000 |
| Standard minimum investment | US$1,050,000 |
The RIA codified an automatic inflation adjustment to these amounts, taking effect January 1, 2027 and recurring every 5 years.
Based on the statutory formula and available inflation data, the TEA investment amount is projected at approximately US$900,000 or higher. This is an estimate, not a figure confirmed by the U.S. government. 900.000 USD
Filing after September 30, 2026: where you actually stand and misconceptions to avoid
- ✓The program remains in effect through September 30, 2027.
- ✓Petitions filed on or after October 1, 2026 still fall within the program's current authorization period.
- ✓Petitions filed in the final 3 months of 2026 remain subject to the current minimum investment amounts.
- ✓Over more than 30 years, the program has been maintained while being progressively reformed and refined.
- ✕Petitions filed after September 30, 2026 are still grandfathered if the program is not reauthorized when its current authorization ends on September 30, 2027.
- ✕The investment amount will stay the same after January 1, 2027.
- ✕Adjudication standards and transparency requirements will stay the same.
- ✕The program is certain to be reauthorized.
The EB-5 opportunity does not end on September 30, 2026. What changes is that investors need a clearer understanding of the type of risk they are taking on, when they expect to file, and the potential increase in investment amounts from 2027.
Each petition is affected differently, depending on when the investor can actually file and how complete that petition is.
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