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A critical deadline is approaching for EB‑5 regional center investors. September 30, 2026 is the last day an investor can file a qualifying Form I‑526 or I‑526E petition and still receive statutory ‘grandfathering’ protection under the EB‑5 Reform and Integrity Act of 2022 (RIA). This protection requires USCIS to continue adjudicating those petitions even if the EB‑5 Regional Center Program later expires or the rules change.
Although the program itself is currently authorized through September 30, 2027, the grandfathering protection ends one year earlier, on September 30, 2026.
If you are considering an EB-5 investment, or you already have a pending petition, understanding what this deadline means for your specific situation is critical. Portner & Shure, P.A. represents EB-5 investors across Maryland, Virginia, Washington, D.C., North Carolina, and Kentucky, as well as clients nationwide. Call us today at (410) 995-1515 to talk through your timeline and options.
Grandfathering, in the context of immigration law, generally refers to a protection that allows individuals who filed under one set of rules to continue being evaluated under those same rules, even if the underlying law changes afterward. For EB-5 investors, this matters because the program has undergone significant changes in recent years, and grandfathering has helped preserve the eligibility of investors who filed before certain requirements took effect.
The EB-5 Reform and Integrity Act of 2022 reauthorized and substantially reformed the EB-5 program, introducing new investment thresholds, updated rules for Targeted Employment Areas, and enhanced compliance and integrity measures for regional centers. Along with these changes, the law included a grandfathering provision designed to protect investors who had already filed petitions from being disadvantaged by the new requirements.
Investors who properly file Form I‑526 or I‑526E on or before September 30, 2026 are covered by the grandfathering provision. Because eligibility depends on the specific timing and details of when and how a petition was filed, it is important to have an attorney review your individual case rather than assume your filing automatically qualifies.
The grandfathering provision established under the EB-5 Reform and Integrity Act of 2022 is set to expire on September 30, 2026. After this date, new filings will not have the same statutory protection against program lapse or future rule changes, and could be affected if Congress does not reauthorize or modify the program.
What happens after September 30, 2026 is uncertain: Congress could extend the grandfathering provision, modify it, or allow it to expire as scheduled. Petitions filed after that date will not have the same statutory protection if the EB‑5 Regional Center Program lapses or is modified, so investors should plan around the current deadline while monitoring legislative developments.
New or adjusted requirements, such as changes to investment thresholds, processing procedures, or other program details, are possible after the sunset. Working with an attorney who closely follows EB‑5 policy can help you respond quickly if rules change.
Investors who delay filing until after September 30, 2026 may lose the statutory protections available under the grandfathering provision and could be subject to different, potentially less favorable, rules.
For example, a petition filed in August 2026 may retain protections that would not be available to an otherwise similar petition filed in October 2026, depending on how the law is applied after the deadline.
Investors with pending applications should have their attorney confirm exactly how the grandfathering provision applies to their specific filing, since the interaction between filing dates, program transitions, and individual case timelines can be complex.
Whether you are filing before or after September 30, 2026, certain core EB-5 requirements remain central to any successful petition.
Current EB-5 rules set specific minimum investment amounts, with a reduced threshold available for investments in Targeted Employment Areas (TEAs) and certain rural projects. Confirming whether a specific investment qualifies for the reduced TEA threshold is an important part of structuring an EB-5 investment correctly.
EB-5 investors must generally demonstrate that their investment will create or preserve a required number of full-time jobs for qualifying U.S. workers. Job creation requirements can be met directly through the new commercial enterprise or, in the case of regional center investments, through indirect and induced job creation methodologies.
One of the most heavily scrutinized aspects of any EB-5 petition is proving that the invested funds were obtained through lawful means. This typically requires extensive documentation tracing the source of the funds, which can include business records, tax returns, gift documentation, or records of asset sales, depending on how the funds were accumulated.
The EB-5 program has seen significant regulatory attention in recent years, and investors should expect continued scrutiny and potential adjustments as the program approaches the September 30, 2026 deadline. Staying current on EB-5 news and policy developments is an important part of making informed investment decisions.
Portner & Shure, P.A. provides strategic guidance to EB-5 investors on eligibility and filing timelines, helping clients understand exactly where they stand as the grandfathering deadline approaches. Our team assists with source of funds documentation and broader compliance requirements, and we support investors across Maryland, Virginia, Washington, D.C., North Carolina, and Kentucky, as well as nationwide, with bilingual attorneys available to assist international investors.
We closely follow developments in the EB-5 visa program, along with broader business immigration and employment based immigration matters, so our clients are prepared to navigate whatever changes may follow the sunset.
The September 30, 2026 deadline is approaching, and investors who wait too long risk losing access to protections currently available under the grandfathering provision. Contact Portner & Shure, P.A. at (410) 995-1515 for a consultation, and let our immigration team help you understand your options and build a timeline that protects your investment.
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