Grandfathering under the EB-5 Reform and Integrity Act of 2022 (RIA)<\/p>\n
US$800,000<\/p>\n
minimum investment preserved if you file before the deadline<\/p>\n
96%<\/p>\n
I-526\/I-526E approval rate (through July 31, 2025)<\/p>\n
13,520<\/p>\n
I-526\/I-526E petitions filed since 2022<\/p>\n
21<\/p>\n
years of hands-on experience at IMM Group<\/p>\n
01 \u00b7 The September 30, 2026 deadline<\/p>\n
How EB-5 grandfathering works and why this date matters<\/h2>\nHow grandfathering protects your petition<\/h4>\n
A Form I-526E filed before September 30, 2026<\/strong> is grandfathered: adjudication continues under the rules in effect at the time of filing and is not affected if the EB-5 program is later amended or interrupted.<\/p>\n EB-5 Reform and Integrity Act of 2022 \u00b7 EB-5 Regional Center Program authorized through September 30, 2027 \u00b7 Grandfathering: file before September 30, 2026 \u00b7 US$800,000 investment level preserved<\/p>\n Petitions filed after September 30, 2026 may no longer fall within the grandfathering provision.<\/p>\n If EB-5 policy changes, those petitions may become subject to new investment levels or adjudication criteria. Filing early is one way to reduce future legal risk.<\/p>\n 02 \u00b7 Action roadmap<\/p>\n 1<\/p>\n Source of funds<\/p>\n Building and documenting a lawful source of funds<\/p>\n 2<\/p>\n Project selection<\/p>\n Assessing and selecting a suitable EB-5 project<\/p>\n 3<\/p>\n Petition preparation<\/p>\n Working with attorneys and advisors (approximately 2\u20133 months)<\/p>\n Key step<\/p>\n 4<\/p>\n Filing Form I-526E<\/p>\n By September 30, 2026, to qualify for grandfathering<\/p>\n 5<\/p>\n Grandfathering protection<\/p>\n Current conditions and investment level preserved<\/p>\n 6<\/p>\n Green card<\/p>\n Adjudication and U.S. permanent residence for your family<\/p>\n 03 \u00b7 Why file early<\/p>\n A<\/p>\n Filing before September 30, 2026 preserves the program conditions currently in effect under the RIA of 2022.<\/p>\n B<\/p>\n May limit your exposure to future policy changes affecting the investment amount.<\/p>\n C<\/p>\n Starting early keeps the process orderly, eases timeline pressure, and helps you file on time.<\/p>\n D<\/p>\n Prioritize a sound green card pathway and capital preservation, not just speed of adjudication.<\/p>\n E<\/p>\n A clear legal framework, consistent USCIS adjudication, and a high approval rate in recent data.<\/p>\n F<\/p>\n As H-1B outcomes become harder to predict, EB-5 offers a long-term pathway; applicants lawfully present in the United States may be able to use concurrent filing when an immigrant visa is immediately available.<\/p>\n 04 \u00b7 Before vs. after the deadline<\/p>\n Within the scope of grandfathering<\/p>\n Form I-526E filed on time \u2192 US$800,000 investment level and current criteria preserved \u2192 Stable even if policy changes<\/p>\n May fall outside grandfathering<\/p>\n Outside grandfathering \u2192 Subject to new adjustments, if any \u2192 Exposure to changes in the investment amount and eligibility conditions<\/p>\n !<\/p>\n Filing early locks in the current rules; waiting until the last minute carries a double risk<\/p>\n Preparing a complete petition typically takes 2\u20133 months (longer if your source of funds is complex). Leaving it until close to the deadline risks both timeline bottlenecks and falling outside grandfathering if policy changes.<\/p>\n 05 \u00b7 Post-RIA trends<\/p>\n USCIS data through July 31, 2025: 13,520 Form I-526\/I-526E petitions filed since 2022; among those decided, 3,442 were approved and only 113 denied.<\/p>\n 96%<\/p>\n approval<\/p>\n rate<\/p>\n 3,442 petitions approved \u00b7 113 petitions denied<\/p>\n Note: individual outcomes still depend on a transparent, well-documented source and path of funds and on the quality of the project you choose.<\/p>\n 06 \u00b7 IMM Group’s EB-5 projects<\/p>\n Project selection should reflect each family’s overall immigration goals, not just speed of adjudication. Select a project to compare.<\/p>\n California<\/p>\n Haven Residences<\/p>\n Rural area<\/p>\n Ecoplastic Fund VII<\/p>\n Mixed-use residential community<\/p>\n A 248-unit, low-density mixed-use residential and commercial community comprising 11 low-rise, resort-style buildings. Construction is underway and more than 80% complete<\/strong>, and according to the project sponsor, the project has already created the jobs required for its investors.<\/p>\n Size<\/p>\n 248 units<\/p>\n Timeline<\/p>\n >80% complete<\/p>\n EB-5 capital position<\/p>\n Pari passu with the senior lender<\/p>\n Capital protection features: EB-5 capital ranks pari passu with the senior loan rather than sitting behind it, an uncommon structure. IMM Group directly manages the capital through a U.S. entity, overseeing disbursement and repayment; developer equity is substantial, and EB-5 capital makes up only a small share of the total capital stack. See full details of the Haven Residences project \u2192<\/p>\n Rural area \u00b7 priority processing<\/p>\n A plant manufacturing plastic interior and exterior auto components that directly supplies Hyundai\/Kia assembly plants in the United States (Hyundai Motor Group Metaplant America in Georgia, Kia Georgia and Hyundai Motor Manufacturing Alabama). Ecoplastic is a long-standing strategic partner of Hyundai\/Kia.<\/p>\n Region<\/p>\n Rural (priority processing)<\/p>\n Collateral<\/p>\n Mortgage on the Phase 2 plant<\/p>\n Distribution in Vietnam<\/p>\n Exclusive to IMM Group<\/p>\n Capital protection features: The EB-5 loan is secured by a mortgage on the real property, buildings, machinery and equipment of the Phase 2 plant, backed by three additional layers of loan repayment guarantees from the parent group (which includes a company listed on the Korea Exchange). As a rural project, it qualifies for priority processing and access to the rural set-aside visa allocation. See full details of the Ecoplastic Fund VII project \u2192<\/p>\n Plan ahead while the current rules apply<\/p>\n Acting early lets you take advantage of the current policy framework and manage costs and legal risk for your whole family.<\/p>\nWhy you should not wait until the deadline<\/h2>\n
Six reasons to act during this window<\/h2>\n
Grandfathering protection<\/h4>\n
Preserve the US$800,000 investment level<\/h4>\n
Preparing a petition takes about 2\u20133 months<\/h4>\n
Choose your project carefully<\/h4>\n
EB-5 has stabilized since the RIA<\/h4>\n
An alternative to H-1B<\/h4>\n
Two scenarios around the September 30, 2026 deadline<\/h2>\n
Filing before September 30, 2026<\/h4>\n
Filing after September 30, 2026<\/h4>\n
A stable program with a high approval rate<\/h2>\n
Why petition volumes are rising again<\/h4>\n
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Green card pathway and return of capital: two representative projects<\/h2>\n
<\/p>\n
Haven Residences \u2014 Rancho Cucamonga, California<\/h4>\n
<\/p>\n
Ecoplastic Fund VII \u2014 Hyundai\/Kia auto parts plant<\/h4>\n
Assess your case and start your EB-5 filing early for a well-planned pathway to U.S. permanent residence<\/h2>\n
Filing before September 30, 2026: what you gain<\/h4>\n