EB-5 Grandfathering Deadline Looms on Sept. 30, 2026
New podcast spotlights EB-5 filing deadline before September 30, 2026, for investment protections.
Why it matters: Immigration and corporate legal teams must navigate EB-5 regulatory deadlines to optimize foreign investment and visa strategies before investment minimum increases and program uncertainties.
- EB-5 Reform and Integrity Act of 2022 reauthorizes the Regional Center Program through Sept. 30, 2027.
- Grandfathering provision expires Sept. 30, 2026, allowing investors to lock in current lower investment minimums.
- Current investment minimums: $800,000 for TEA projects, $1,050,000 for non-TEA.
- After Sept. 30, 2026, minimums may increase, with TEA threshold projected near $910,000 due to CPI adjustments.
The EB-5 Reform and Integrity Act of 2022 extended the EB-5 Regional Center Program authorization through September 30, 2027, and introduced a pivotal grandfathering provision expiring on September 30, 2026. Investors filing Form I-526E petitions before this deadline secure the existing investment minimums of $800,000 for Targeted Employment Areas (TEAs) and $1,050,000 for non-TEA projects.
A new podcast episode sheds light on this critical timeline, emphasizing the compliance essentials and strategic benefits for investors and legal counsel. As the EB5 Status Editorial Team notes, "Filing before September 30, 2026, locks in $800,000 (TEA), saving approximately $100,000 compared to the projected post-adjustment minimum."
Post-deadline, investment minimums are expected to rise due to Consumer Price Index (CPI) adjustments, with the TEA minimum estimated at about $910,000. This upward adjustment notably impacts investment costs for future filings.
However, investors filing after September 30, 2026, face uncertainties not only from increased thresholds but also the risk related to program reauthorization beyond September 30, 2027. According to legal experts at Withers, "The more immediate and consequential deadline is September 30, 2026." Without a renewed program after 2027, statutory protections for late investors could lapse.
Immigration and corporate legal teams advising clients must therefore prioritize timely filings before the grandfathering cut-off and closely monitor the program's congressional status to align visa strategy and compliance accordingly.
By the numbers:
- $800,000 — Current minimum investment for TEA projects
- $910,000 — Projected TEA investment minimum after CPI adjustment post-Sept. 30, 2026
- September 30, 2026 — Grandfathering deadline to lock in current EB-5 investment minimums
Yes, but: While filing before the September 30, 2026 deadline protects current investment minimums, uncertainty remains around the program's reauthorization after September 30, 2027, posing risks for long-term planning.
What's next: Legal teams should prepare for the 2026 grandfathering deadline and monitor any congressional developments regarding EB-5 program extensions beyond 2027.