The EB-5 Clock Is Ticking: File Before the September 30, 2026 Grandfathering Deadline

If you are considering the EB-5 immigrant investor program, the most important date on your calendar is September 30, 2026. That is the last day an EB-5 petition can be filed and still qualify for “grandfathering” protection under the EB-5 Reform and Integrity Act of 2022 (RIA). Miss it, and you lose a powerful statutory safeguard — and you may also pay significantly more to invest. Here is what is happening, what changes on October 1, 2026, and why the time to act is now.

Two Deadlines — and Why September 30, 2026 Comes First

EB-5 has two important dates that are easy to confuse. They are not the same thing:

• September 30, 2026 — the grandfathering filing cutoff. The last day to file a petition that locks in continued processing even if the program later lapses.

• September 30, 2027 — the Regional Center Program's current authorization expiration. The program is authorized through this date unless Congress reauthorizes it.

In other words, the program is currently authorized for another year beyond the grandfathering cutoff — but the protection that shields your case from a future lapse disappears a full year earlier, on September 30, 2026.

What Grandfathering Protection Actually Does

The RIA's grandfathering clause is a genuine, statute-based safeguard. For petitions properly filed on or before September 30, 2026:

• USCIS must continue to adjudicate your petition even if the Regional Center Program is suspended, expires, or is not reauthorized after 2027.

• Your case is judged under the rules in effect at the time you filed.

• USCIS only needs to receive and accept your properly filed petition by the deadline — approval can come later.

What It Does Not Do

Grandfathering is powerful, but it is not a cure-all. It does not:

• Change EB-5 eligibility requirements or guarantee that your petition will be approved.

• Eliminate or shorten country-specific visa backlogs.

• Protect a petition that is filed late or filed with defects.

What Changes on October 1, 2026

Beginning October 1, 2026, new investors lose the statutory grandfathering protection. Petitions filed between October 1, 2026 and September 30, 2027 will be accepted while the program remains authorized — but they do not carry the guarantee of continued processing. If Congress fails to reauthorize the Regional Center Program after September 30, 2027, those later-filed petitions could be paused, delayed, or left unprocessed. Filing on or before September 30, 2026 is the only way to secure the protection.

The Cost of Waiting: Investment Minimums Likely Rise January 1, 2027

There is a second reason to act now: money. The EB-5 minimum investment amounts have not changed since the RIA took effect in March 2022, but the statute requires periodic inflation adjustments tied to the Consumer Price Index, and the first adjustment is expected on January 1, 2027.

• Today: $800,000 for targeted employment area (TEA) — rural and high-unemployment — and qualifying infrastructure projects; $1,050,000 for standard projects.

• Projected 2027: the TEA minimum could rise to roughly $900,000–$940,000, and the standard minimum to approximately $1,200,000.

Filing before the adjustment locks in today's lower thresholds — a potential difference of well over $100,000 for the same project.

Why Investors Cannot Afford to Wait

September 30 may sound far off, but a complete EB-5 filing takes months to assemble:

• Source-of-funds documentation is the long pole. Tracing the lawful origin of your investment capital — tax returns, bank statements, sale records, gift documentation — is often the most time-consuming part of the process.

• Attorney and project capacity is finite. Experienced EB-5 counsel and quality regional center projects are expected to be fully booked well before the deadline.

• The calendar is unforgiving. With roughly three months remaining, investors who start now give themselves the runway to file a clean, complete petition on time.

How Vartanian Law Firm Can Help

The September 30, 2026 deadline is a rare, fixed opportunity to lock in both continued processing and today's investment amounts. Vartanian Law Firm helps EB-5 investors move quickly and correctly — evaluating project options, building a thorough source-of-funds record, and preparing and filing your I-526E before the window closes. If EB-5 is part of your immigration plan, contact our office today to start your case while there is still time to meet the deadline. Ask us about our Regional Center's Eb-5 Infrastructure project.

This post is for general information only and is not legal advice; EB-5 eligibility depends on individual circumstances.