If you are considering U.S. EB-5 investment immigration, one date is becoming increasingly critical: September 30, 2026.
This deadline is directly tied to the EB-5 grandfathering provision, a legal safeguard that could determine whether your green card process continues smoothly - or risks being frozen indefinitely.
What Is the EB-5 Grandfathering Provision?
The EB-5 grandfathering provision is a statutory protection established under U.S. immigration law.
It ensures that if an investor files Form I-526E before the statutory deadline, their application must continue to be adjudicated under the rules in effect at the time of filing - even if:
- EB-5 investment thresholds increase
- Program rules change
- The EB-5 Regional Center Program is temporarily suspended due to congressional inaction
This protection was formally codified for the first time in the EB-5 Reform and Integrity Act of 2022 (RIA), providing long-term certainty to investors who file within the protected window.
Why Was the Grandfathering Provision Introduced?
Before 2022, EB-5 investors faced significant policy risk.
In June 2021, the EB-5 Regional Center Program lapsed when congressional authorization expired. As a result, tens of thousands of EB-5 petitions were placed on hold, leaving families in legal and immigration limbo for nearly nine months.
To address this instability, Congress passed the EB-5 Reform and Integrity Act (RIA) in 2022. One of its most important features was the inclusion of a grandfathering clause, designed to ensure that properly filed EB-5 applications would not be disrupted by future legislative lapses.
The Critical EB-5 Deadline: September 30, 2026
Under current law, only EB-5 investors who file Form I-526E on or before September 30, 2026, are covered by permanent grandfathering protection.
If You File by September 30, 2026
- USCIS is legally required to continue processing your case
- Your EB-5 petition remains valid even if the program lapses after 2026
- Your green card process proceeds under the rules in place at the time of filing
If You File After September 30, 2026
- Your petition will not be protected by the grandfathering provision
- If the program is suspended in 2027, your case may be placed on indefinite hold
- Processing may not resume until Congress reauthorizes the program
EB-5 Investment Amount: Why Timing Also Affects Cost
Currently, the minimum EB-5 investment amount is USD $800,000 for projects located in a Targeted Employment Area (TEA).
However, after September 30, 2026:
- Investment thresholds may increase (potentially to $1 million or more)
- New applicants would be required to invest under higher capital requirements
This is why many applicants from China, India, and other oversubscribed countries are actively filing during the current window to secure both policy protection and investment certainty.
Why Waiting Is No Longer a Viable EB-5 Strategy
For investors still considering EB-5, September 30, 2026 is not a recommendation - it is a hard deadline.
1. Lock in the Current Investment Threshold
Filing before the deadline allows investors to secure the current $800,000 TEA investment amount before potential increases.
2. Reduce Long-Term Policy Risk
Early filing effectively provides policy stability, protecting your immigration process from future legislative uncertainty.
3. Account for Preparation Time
Preparing EB-5 source-of-funds (SOF) documentation often takes several months. Waiting too long increases the risk of missing the filing window due to processing delays or market congestion.
Final Takeaway
September 30, 2026 is a definitive red line for EB-5 investors. Filing as early as possible is the most effective way to mitigate political risk, lock in favorable investment terms, and protect your green card process.
The law provides the framework - but timely action is what ultimately secures your immigration future.