Archive · 20 Aug 2026
EB-5 Investors Face Key September 2026 Grandfathering Deadline
The EB-5 program lets some foreign investors seek a US green card by investing money in businesses that create jobs.
Some investors use a Regional Center, while others apply directly.
Regional Center investors have an important date: September 30, 2026.
Filing by that date can protect their petitions if the Regional Center program later expires or changes.
The program is currently approved through September 30, 2027.
However, Congress may decide what happens after that.
Investors who file later may face rules made in the future.
The required investment may also increase starting January 1, 2027.
Filing on time does not guarantee approval or remove visa backlogs.
Regional Center EB-5 investors must file qualifying Form I-526E petitions by September 30, 2026, to receive statutory grandfathering protection.
The Regional Center Program is currently authorized through September 30, 2027, but Congress could change or fail to reauthorize it afterward.
The September 30, 2026, cutoff does not apply to standalone investors filing Form I-526 or to EB-1, EB-2, or EB-3 applicants.
Current minimum investments are $1,050,000 generally and $800,000 for targeted employment areas or infrastructure projects.
USCIS is required to adjust the minimum investment for inflation beginning January 1, 2027, potentially raising the required amount.
- Who
- Foreign nationals seeking US permanent residence through the EB-5 Regional Center program.
- What
- Qualifying Regional Center investors must file Form I-526E petitions by September 30, 2026, to obtain statutory grandfathering protection under the EB-5 Reform and Integrity Act of 2022.
- When
- The key filing deadline is September 30, 2026; the Regional Center Program is currently authorized through September 30, 2027, and investment amounts are scheduled for inflation adjustment beginning January 1, 2027.
- Where
- The United States.
- Why
- Filing by the cutoff can protect investors against a future lapse or expiration of the Regional Center Program and may preserve access to current investment rules, although it does not guarantee approval or eliminate visa backlogs.
- Grandfathering deadline
- September 30, 2026, for qualifying Regional Center petitions filed on or before that date.
- Program authorization
- The Regional Center Program is currently authorized through September 30, 2027.
- Relevant form
- Regional Center investors generally file Form I-526E; standalone investors generally file Form I-526.
- Current standard investment
- $1,050,000 for petitions filed on or after March 15, 2022.
- Current reduced investment
- $800,000 for a targeted employment area or infrastructure project.
- Scheduled adjustment
- USCIS must adjust the minimum investment for inflation beginning January 1, 2027, and every five years afterward.
- Protection limits
- Grandfathering does not guarantee petition approval or eliminate visa backlogs.