EB-5 Visa Deadline and Your U.S. Green Card Pathway: Why File Before September 30, 2026?

March 13, 2026 · EB-5 · 17 min read

If you are investing through the EB-5 program, the timing of your filing is key to managing costs and legal risk. Investors should pay close attention to September 30, 2026, the grandfathering cutoff often referred to as the EB-5 visa deadline, because filing before or after that date directly affects the US$800,000 investment amount, your legal protections, and the stability of your petition throughout adjudication.

The September 30, 2026 EB-5 deadline and how grandfathering works

The EB-5 Reform and Integrity Act of 2022 (RIA) authorizes the EB-5 Regional Center Program through September 30, 2027. However, the law also sets another key date, tied to grandfathering (protection for petitions already filed).

Under the law, grandfathering applies only to Form I-526E petitions filed on or before September 30, 2026. These petitions will:

• Continue to be adjudicated under the rules in effect at the time of filing.
• Remain protected if the EB-5 Regional Center Program is later changed or its authorization lapses.
• Retain the same investment amount, adjudication criteria, and benefits for the investor’s family.

By contrast, petitions filed after September 30, 2026 may fall outside grandfathering protection. If EB-5 policy changes, those petitions could become subject to new investment amounts or adjudication requirements. Filing before that date is therefore a prudent way to limit future legal risk.

Why not wait until the last minute?

Preparing an EB-5 petition typically takes about 2–3 months, and can take longer if your source of funds is complex. A complete petition requires several careful steps:

• Building and documenting a lawful source of funds.
• Assessing and selecting a suitable EB-5 project.
• Working with attorneys and specialists to finalize the documents filed with U.S. Citizenship and Immigration Services (USCIS).

Preparing early keeps the process orderly, reduces time pressure, and helps ensure your petition is filed on time to benefit from grandfathering.

Post-RIA EB-5 filing trends

USCIS data as of July 31, 2025 show the program operating steadily, with 13,520 Form I-526/I-526E petitions filed since 2022. Of the petitions decided, 3,442 were approved and only 113 were denied, an approval rate of about 96%.

These figures show filings rising again, supported by a clear legal framework and consistent USCIS adjudication. Individual outcomes, however, still depend on the transparency of your path of funds and the quality of the project you choose.

EB-5 as the H-1B route becomes less predictable

As H-1B work visas become more competitive and less predictable, many families with children studying in the United States have turned to EB-5 as a stable, long-term immigration pathway.

Under the RIA, applicants who are in lawful status in the United States may be able to file an EB-5 petition (Form I-526E) concurrently with Form I-485 to apply for adjustment of status (concurrent filing).

Choosing EB-5 projects with your green card and capital repayment in mind

Alongside timing, choosing an EB-5 project matters and should be weighed against your family’s overall immigration goals, rather than speed of approval alone. IMM Group currently offers several EB-5 projects that meet the program’s legal requirements, including rural projects that qualify for priority processing, as well as projects in established, growing markets, in line with green card and capital preservation objectives.

Haven Residences: a mixed-use residential and commercial community

Haven Residences is a mixed-use residential and commercial development with 248 apartments in Rancho Cucamonga, California. The low-density project comprises 11 low-rise, resort-style buildings designed around open living spaces and modern amenities.

Project highlights:

• An EB-5 project in California that is already under construction – at the time of writing, Haven Residences was more than 80% complete and, according to the project, had already created the jobs required for its EB-5 investors.
• EB-5 capital ranks pari passu with the bank lender – investors are not subordinated to a senior loan, as they are in many EB-5 projects. This is an uncommon structure intended to reduce investor risk.
• IMM Group manages the EB-5 capital directly through its U.S. entity, rather than acting only as a referral agent. Beyond marketing the project, IMM Group has the legal standing to step in to protect investors.
• Protecting investors from within the legal structure – unlike firms that only introduce projects, IMM Group oversees disbursements, monitors reporting, and works to protect the fund’s interests and investors’ capital repayment rights.
• Strong developer equity – the developer has contributed substantial capital, demonstrating a firm commitment to the project’s success.
• EB-5 capital is only a small share of the total capital stack – so the project does not depend on EB-5 funds to move forward.
• Multiple independent layers of oversight – from construction progress and disbursement controls to asset valuation.

At the time of writing, only 4 investor spots remained.

| See full details of the Haven Residences project

Ecoplastic – Hyundai auto parts manufacturing plant

Ecoplastic Fund VII is an EB-5 project for a plant that produces interior and exterior plastic auto components, supplying Hyundai and Kia assembly lines in the United States directly. Ecoplastic is a long-standing strategic partner of Hyundai and Kia, supplying parts for modern electric and hybrid models such as the Hyundai IONIQ 5, IONIQ 9, Kia EV9, Kia Sportage, and Hyundai Palisade.

Project highlights:

• Directly supplying Hyundai and Kia production in the United States: The Ecoplastic plant was developed to supply components to Hyundai Motor Group Metaplant America (HMGMA) in Georgia, Kia Georgia, and Hyundai Motor Manufacturing Alabama (HMMA) – key Hyundai-Kia manufacturing sites in North America.
• EB-5 capital secured by clearly defined collateral: The EB-5 loan is secured by a lien on the plant’s assets, including the real estate, the buildings and improvements on the land, and the machinery and production equipment of the Phase 2 plant.
• An additional layer of protection through repayment guarantees: The project has 3 layers of commitments supporting repayment of the EB-5 loan from the parent group and related entities, including companies listed on the South Korean stock exchange.
• Located in a rural area – eligible for priority processing: The project is in a rural area under the EB-5 program, so investors’ petitions qualify for USCIS priority processing and for the set-aside visas available to rural projects.
• Offered exclusively through IMM Group in Vietnam: Investors can access the Ecoplastic Fund VII project through IMM Group, the project’s exclusive distributor in Vietnam, supported by a team of advisors, attorneys, and specialists throughout the EB-5 process.

At the time of writing, remaining investor spots were very limited.

| See full details of the Ecoplastic Fund VII project

>> More EB-5 projects offered by IMM Group

| See more EB-5 projects offered by IMM Group

Expert recommendations

Experienced EB-5 attorneys and advisors recommend acting early while current EB-5 rules remain in place:

• Grandfathering under the EB-5 Reform and Integrity Act of 2022 (RIA): petitions filed on or before September 30, 2026 remain protected if the Regional Center Program later lapses, and are adjudicated under the rules in effect when they were filed.
• Keeping the current US$800,000 minimum investment for Targeted Employment Area (TEA) and infrastructure projects, and limiting risk from future policy changes.
• Preparing your EB-5 petition early to reduce timeline pressure and help ensure it is filed on time.
• Selecting your EB-5 project carefully, in line with your green card and capital preservation objectives.

Beyond policy considerations, USCIS and industry data show that demand for the EB-5 program has remained steady in recent years, with new filings and adjudications continuing to be recorded. At the same time, as the H-1B visa landscape becomes more competitive and less predictable, many families with children studying in the United States have turned to EB-5 as a stable, long-term immigration pathway.

Assessing your case and putting an EB-5 plan in place early can help you make the most of the current policy window while building a sustainable immigration pathway for your whole family.

IMM Group: an experienced 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 U.S. 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 firm with more than 21 years of hands-on experience in Vietnam, IMM Group does more than sell or advise: we design 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. Integrity is our foundation, reflected in our readiness to protect client interests and to proactively refund service fees when objective risks beyond the parties’ control arise, in accordance with our service agreement.
• 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.

IMM Group

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