EB-5 Before 30 September 2026: What the Grandfathering Deadline Means for Investors

Petitions filed on or before 30 September 2026 are protected from any future lapse in the EB-5 regional centre program, and the minimum investment is scheduled to adjust for inflation from 1 January 2027. An investor who wants the current US$800,000 threshold and the protection that comes with grandfathering needs an approvable I 526E on file before both dates. What follows explains where the two dates come from, who they affect, and what a realistic filing timeline looks like from September.

At a glance 

• The EB-5 Reform and Integrity Act of 2022 reauthorised the regional centre program to 30 September 2027  and protects petitions filed by 30 September 2026 against any later lapse. 
• Investment minimums are US$800,000 in a targeted employment area (rural or high unemployment) or  infrastructure project, and US$1,050,000 elsewhere. 
• The Act requires the minimums to be adjusted for inflation every five years, with the first adjustment scheduled  from 1 January 2027. 
• Rural, high-unemployment and infrastructure set-aside categories have their own visa allocations, which is why  they have remained current for most nationalities. 
• Applicants already in the United States on a valid status can file the I-526E and the adjustment of status  application at the same time.

What does the 30 September 2026 date actually protect?  

The EB-5 regional centre program has lapsed before. Between July 2021 and March 2022 it expired entirely,  leaving thousands of pending petitions in limbo until Congress passed the Reform and Integrity Act. The Act  reauthorised the program for five years and, learning from the lapse, wrote in a grandfathering clause: petitions  filed on or before 30 September 2026 continue to be processed even if the program is not renewed on time in  2027. 

For an investor, the protection is worth having. An I-526E filed in October 2026 will still be processed under current  law, but it does not carry the statutory promise that a future lapse cannot stop it. Given that reauthorisation debates  in Washington tend to run late, the clause is the difference between a petition that Congress can strand and one it  cannot. 

Why does 1 January 2027 matter as well?  

The Act fixed the investment minimums at US$800,000 for targeted employment areas and infrastructure projects  and US$1,050,000 for everything else, and it requires those figures to be adjusted for inflation every five years,  starting from 1 January 2027, using the consumer price index. The exact new figures will be published closer to the  date; on the inflation recorded since 2022, a meaningful increase is expected. An investment made at today's  minimum, with the petition filed before the adjustment, locks in the current amount. 

The two dates therefore stack. Filing by 30 September secures grandfathering; filing at any point before the  adjustment secures the current minimum. Filing by 30 September does both. 

Who is affected by the Visa Bulletin position?  

An approved petition is only half the journey; the visa itself depends on availability for the applicant's country of birth.  The Department of State's monthly Visa Bulletin shows where each category stands. Through the end of the 2026  fiscal year, the unreserved EB-5 category has not been current for applicants born in India and China, while the rural,  high-unemployment and infrastructure set-aside categories have remained current. The new fiscal year begins on 1  October 2026, when allocations reset; the October bulletin is the one to read. 

For applicants born in India, the practical route in 2026 has been a set-aside project. For Nigerian applicants, the US  entry proclamation of December 2025 introduced a partial suspension covering immigrant visas, which affects  consular processing of EB-5 immigrant visas from Nigeria; applicants in that position plan adjustment of status and  timing with Passport Legacy before committing capital. 

What does a realistic timeline look like from September?  

Filing an approvable I-526E in three weeks is possible for an investor who is ready; it is not possible for one who is  starting from nothing. The steps that take time are: 

• Selecting a project, ideally in a rural or high-unemployment area for the set-aside allocation, with a regional  centre that is compliant with the Act's reporting and audit requirements. 
• Documenting the lawful source of funds, which is the part of the file that most often delays approval. Sale  proceeds, gifts, loans and business income each need a paper trail. 
• Moving the capital into escrow or into the new commercial enterprise, and obtaining the subscription and  escrow documentation the petition relies on. 
• Preparing the petition itself, which is a legal document and should be prepared by immigration counsel. Passport Legacy's experience is that an investor with liquid funds and clean documentation can move from first  conversation to filing in three to four weeks. Anyone with funds tied up in property or a business sale should start  now even if the September date is missed, because the January adjustment is the second deadline and it is closer  than it looks. 

Is EB-5 the right route for every US-bound investor?  

Not always. EB-5 leads to permanent residence for the investor, spouse and unmarried children under 21, and it does not require a US employer, a degree or a business plan the investor will run personally. It does require capital at risk  in a job-creating enterprise, patience with processing, and comfort with US taxation of worldwide income once 

resident. Investors who want a US presence without residence, or who hold a nationality with a treaty of commerce  with the United States, sometimes prefer the E-2 route, which Passport Legacy covers separately in its article on  Grenada citizenship and the E-2 visa. For those who want the green card, EB-5 remains the most direct route  available to an investor, and September 2026 is its most important month since 2022.

Frequently asked questions

Can I file after 30 September 2026? 

Yes. The program is authorised to 30 September 2027 and petitions can be filed throughout. Petitions filed after  30 September 2026 are not covered by the grandfathering clause and, if filed after the January 2027 adjustment,  are subject to the higher investment minimum. 

What is the minimum EB-5 investment in 2026? 

US$800,000 for a project in a targeted employment area or an infrastructure project, and US$1,050,000 for any  other project. The amounts are scheduled to be adjusted for inflation from 1 January 2027. 

How long does EB-5 take? 

Petition processing varies by project type and by the applicant's country of birth. Set-aside petitions have generally  moved faster in 2025 and 2026, and applicants already in the United States can file for adjustment of status at the  same time as the petition. Passport Legacy will give a current estimate for the specific project under consideration. 

Passport Legacy advises investors on the US program alongside residence and citizenship options in Europe, the  Caribbean and the Middle East. To discuss an EB-5 filing before 30 September, contact the team.