EB-5 Grandfathering Sunset on September 30, 2026: What Investors Must Know Now

Four months. That is how long EB-5 investors have to use the grandfathering protection of the EB-5 Reform and Integrity Act of 2022 (RIA). On September 30, 2026, the grandfathering provision sunsets — and that has serious consequences for pre-RIA investors with pending petitions and for anyone considering an EB-5 filing this summer.

What Grandfathering Means in EB-5

When Congress passed the RIA in 2022, it allowed certain pre-existing petitioners to continue being processed under prior EB-5 regional center rules, even though the underlying authorization had lapsed. That grandfathering was always time-limited. The statutory sunset date is September 30, 2026.

Investors who filed an I-526 before March 15, 2022 — or who were otherwise grandfathered under the RIA — need to understand what happens if their adjudication is not complete by the sunset.

What Else Is Changing Right Now

Filing Chart Mechanics Tightened

Beginning May 2026, USCIS announced that Final Action Dates — not Dates for Filing — control I-485 eligibility for EB-5 adjustment applicants. That narrows the window in which already-in-the-U.S. investors can file for adjustment of status.

China Advances; India Risks Retrogression

The May 2026 Visa Bulletin advanced the China EB-5 Unreserved Dates for Filing by 151 days, and the Unreserved Final Action Date moved three weeks to September 22, 2026. India's Unreserved dates did not move, and the State Department warned that retrogression for India is possible.

Processing Times

• Form I-526E (regional center): approximately 29.5 months

• Form I-526 (standalone): approximately 32 months

• Form I-829 (removal of conditions): approximately 20 months

• Rural TEA petitions: roughly 5 to 12 months

What Investors Should Do Before September 30, 2026

If You Have a Pre-RIA Pending I-526

• Confirm grandfathering status in writing. Ask counsel for a written confirmation of the legal basis for your protection.

• Track adjudication status closely. Submit any responses to RFEs or NOIDs promptly.

• Plan the I-485 strategy now. With Final Action Dates controlling I-485 filing, timing is more constrained than it has been in years.

If You Are Considering an EB-5 Investment This Summer

• Prioritize Infrastructure and Rural TEA projects. They are still the only path to materially faster adjudication.

• Document path of funds meticulously. Recent AAO decisions are scrutinizing currency exchangers, informal value transfers, and bridge financing.

How Vartanian Law Firm Can Help

EB-5 strategy in 2026 is no longer just about choosing a project. It is about timing your filing, your I-485, and (for pre-RIA filers) your remaining adjudication runway before the September 30 sunset. We work with investors, regional centers, and developers to align project selection, path of funds documentation, and adjudication strategy with the new rules. Contact Vartanian Law Firm to schedule a consultation before the summer filing window narrows further.