EB-5 Grandfathering Deadline: Why Investors Must Act Before September 30, 2026

The EB-5 Immigrant Investor Program remains a viable path to U.S. permanent residency, but a critical statutory deadline is approaching — one that directly affects investor security and long-term immigration planning.

Under the EB-5 Reform and Integrity Act of 2022 (RIA), investors who file their EB-5 petitions by September 30, 2026 may qualify for grandfathering protection that shields their cases from future program lapses or legislative changes.

For investors, this date is far more important than the program’s formal expiration in 2027.

What the Grandfathering Clause Means for EB-5 Investors

The RIA includes a grandfathering provision stating that any EB-5 petition (Form I-526 or I-526E) filed on or before September 30, 2026 must continue to be adjudicated under the EB-5 rules in effect at the time of filing — even if the Regional Center Program later expires or is not renewed by Congress.

In simple terms, filing before this deadline helps investors lock in today’s EB-5 framework and reduces exposure to future political and legislative uncertainty.

Why the 2026 Deadline Matters More Than 2027

While the EB-5 Regional Center Program is currently authorized through September 30, 2027, the grandfathering protection expires one year earlier.

This creates two very different risk profiles for investors:

• Petitions filed on or before September 30, 2026
  Benefit from statutory grandfathering and continued processing even if the program later lapses.
• Petitions filed after September 30, 2026
  Will still be accepted while the program remains authorized, but without grandfathering protection, leaving investors vulnerable to future legislative changes or processing suspensions.

For investors focused on assurance that their case will be adjudicated even if program lapses, this distinction is critical.

What Filing Before the Deadline Protects

Investors who file before the grandfathering cutoff may benefit from:

• Continued USCIS adjudication even if the program later expires
• Protection from future increases to EB-5 investment amounts or eligibility rules
• Reduced risk of petition suspension due to congressional inaction
• Greater predictability in immigration timeline

The Risk of Waiting

Investors who wait until after September 30, 2026 may face:

• Loss of statutory protection under the RIA
• Increased exposure to future EB-5 reforms or restructuring
• Potential delays or uncertainty if the program is not reauthorized in 2027

Past EB-5 lapses, which happened nearly every year until 2022, have demonstrated that delays and disruptions are not theoretical — they are part of the program’s regulatory and legislative risk.

Investor Takeaway

For EB-5 investors, September 30, 2026 is the practical deadline to secure statutory protection under current law.

Filing before this date does not eliminate investment risk or guarantee immigration approval, but it preserves the legal rights of adjudication governing the petition — regardless of future congressional action.

Early planning allows investors time for proper due diligence, project selection, and compliant petition preparation. Please schedule a free consultation if you have any questions.