A Closing Window to File EB-5 at US$800,000: A Rare Period of Faster Processing and High Approval Rates
February 6, 2026 · EB-5 · 13 min read
In the EB-5 program, when you file matters as much as the advisory firm and project you choose. September 30, 2026 is a date every investor should watch closely: filing before or after it can directly affect the required investment amount, your legal protections, and the stability of your petition throughout adjudication.
What is the September 30, 2026 deadline?
The EB-5 Reform and Integrity Act of 2022 (RIA) authorized the EB-5 program through September 30, 2027, ending the earlier pattern of short-term, period-by-period extensions.
However, the RIA also set another key date: grandfathering protection applies only to Form I-526E petitions filed on or before September 30, 2026.
Specifically, petitions filed by this date will:
- continue to be adjudicated under the rules in effect at the time of filing,
- remain unaffected if the EB-5 program later changes or lapses,
- and preserve the investment amount, adjudication criteria, and benefits for the investor and their family.
Petitions filed after September 30, 2026, although still within the program’s authorization period, may no longer be grandfathered and would have to follow any new requirements if policy changes, including a possible change to the investment amount or program conditions. Given EB-5’s history of repeated disruptions, filing before September 30, 2026 puts investors in a stronger position and avoids unnecessary risk.
EB-5 preparation timelines: why you should not wait until just before September 30, 2026
Although the 2022 RIA allows EB-5 petitions filed on or before September 30, 2026 to be grandfathered under the current legal framework, investors should not treat this date as the time to start preparing. In practice, assembling a complete, compliant EB-5 petition typically takes 3–6 months, and longer for cases with a complex source of funds. Preparation goes well beyond transferring the investment: it includes documenting the lawful source of funds, selecting a suitable project, and coordinating with legal counsel to finalize every document submitted to U.S. Citizenship and Immigration Services (USCIS).
If you wait until close to September 30, 2026 to begin, you may find yourself racing against the clock, with fewer suitable projects to choose from and pressure to complete your petition in a short window. Preparing early, by contrast, lets you plan ahead, give your petition the careful preparation it needs, and file in time to preserve the full protections available under the RIA.
EB-5 filing and adjudication trends since the 2022 RIA
Recent published data show that new EB-5 filings have been trending upward, while approval rates for petitions already adjudicated remain high. This reflects greater stability in the EB-5 program since the 2022 RIA reforms, as the legal framework and adjudication criteria have become clearer and are applied more consistently than in earlier periods.
These statistics, however, are for reference only and are not a guarantee of the outcome of any individual case. In practice, approval still depends on the structure and strength of the source-of-funds documentation, the transparency of the path of investment funds, and the choice of a project that fully meets the legal and job-creation criteria.
Each EB-5 filing should therefore be built on a careful assessment of the individual case. An advisory firm’s practical experience and ability to handle a wide range of situations during preparation play an important role in reducing risk and helping ensure the EB-5 petition is prepared correctly from the outset.
EB-5 as H-1B visas become harder to obtain
In recent years, the H-1B work visa has become harder to obtain due to high competition, the lottery system, and stricter adjudication. As a result, many families with children studying or working in the United States face the risk of not being able to maintain long-term U.S. status.
For this reason, many families are considering the EB-5 immigrant visa as a more stable pathway for their children than relying on temporary visa categories. Under the 2022 RIA, an EB-5 investor who is lawfully present in the United States may file an application for adjustment of status (Form I-485) concurrently with the EB-5 petition (concurrent filing). This allows them to remain in the United States while the application is pending (even if their previous temporary visa expires) and to plan their studies and work with more certainty while the case is under review.
Starting the EB-5 process early therefore helps families reduce the risk of a break in U.S. status and lays a stable foundation for their children’s long-term U.S. immigration pathway.
Under current policy, EB-5 project selection should also be weighed against each family’s overall immigration goals, rather than focusing on fast adjudication alone. IMM Group currently offers a number of EB-5 projects that meet the legal criteria, including rural projects eligible for priority processing and projects in locations with stable growth, suited to investors who prioritize a well-structured path to a green card and careful management of investment risk.
Project lists and availability may change over time.
Explore the EB-5 projects IMM Group currently offers
IMM Group: a pioneering, long-standing partner for EB-5 investors
The global investment migration landscape is constantly shifting and increasingly complex. Investors need an advisory partner who not only helps them prepare a sound application but also gives their family peace of mind about the future. For the EB-5 Immigrant Investor Program, as for all of our global investment migration solutions, IMM Group acts as a strategic advisory partner, supporting you with experience and integrity.
As a pioneering, long-established firm with more than 21 years of hands-on experience in Vietnam, IMM Group does more than sell or advise: we design global investment migration solutions built on:
- Rigorous due diligence and risk management: Having successfully handled hundreds of applications, including complex cases, we conduct multi-layered project due diligence and protect investors’ interests rigorously, including during periods of market stress.
- In-depth professional advice and full transparency: Every IMM Group consultant and case officer holds an international investment migration advisory certification issued by the Investment Migration Council (IMC). Our team provides a comprehensive analysis of benefits and risks so you can make decisions based on complete and accurate information. We put our clients’ long-term interests first.
- Integrity and commitment at every stage: Guided by our philosophy, “Serving with Authentic Values,” IMM Group commits to supporting you from the first step until you are settled in your new home. Integrity is our foundation, reflected in our readiness to protect client interests and to proactively refund service fees, as set out in the contract, when risks beyond the client’s control arise.
- Receiving and giving back: Since 2025, IMM Group has operated as a nonprofit enterprise, committing at least 50% of its annual profits to the Be Better Fund. By choosing IMM Group, you also help hundreds of students facing exceptional hardship gain a chance to change their lives.
If you are considering a U.S. green card through the EB-5 Immigrant Investor Program, contact IMM Group or leave your details below. Our experienced advisors will provide detailed guidance and help assess your petition’s likelihood of success. We will keep your personal data confidential and use the information you provide only to advise on your family’s case.
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