EB-5 Grandfathering Deadline: September 30, 2026 Explained

What the grandfathering date was, and why it has passed#

Correction and update, November 6, 2026 (revised November 7, 2026): The September 30, 2026 grandfathering date has passed. As originally published, this article described that date as the expiration of protections for investors who filed Form I-526 before the RIA took effect. The statute does not support that framing. The grandfathering provision at INA 203(b)(5)(S) protects petitions filed on or before September 30, 2026 against a Regional Center Program lapse; it does not set an expiration date for pre RIA I-526 petitions. This article has been rewritten to reflect the statute. See also our grandfathering deadline guide.

The EB-5 grandfathering date was September 30, 2026. A regional center petition filed on or before that date is protected if the Regional Center Program's authorization lapses: USCIS must continue to process it, and may not deny it only because the program expired. Petitions filed after that date can still be approved while the program is authorized, which it is through September 30, 2027, but they do not have this statutory protection if the program later lapses.

This article explains what the protection covers, what it does not cover, how it differs from the 2027 program sunset, and what it means for investors whose cases are still open. It relies on the statutory text of the RIA, USCIS Policy Manual guidance, and USCIS data.

Individual circumstances vary. Consult a qualified immigration attorney about your own case.

What does "grandfathering" mean in the EB-5 context?#

Grandfathering, in immigration law, refers to a transitional provision that lets people who started a process under one set of conditions keep certain protections even after the conditions change.

When Congress enacted the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act of 2022 (Public Law 117-103, Division BB), it reauthorized the Regional Center Program and changed the EB-5 program in several ways: higher investment amounts, the Integrity Fund, set aside visa categories, and new compliance obligations for regional centers. Source: Public Law 117-103, Division BB. Blue trust tier.

Congress had just lived through a lapse. From June 30, 2021 to March 15, 2022, the Regional Center Program was not authorized and regional center petitions could not be approved. The RIA's grandfathering clause, codified at INA 203(b)(5)(S), is the answer to that experience: a petition filed on or before September 30, 2026 keeps moving even if a future lapse occurs. Source: INA 203(b)(5)(S), 8 U.S.C. 1153(b)(5)(S). Blue trust tier.

Who does the grandfathering date protect?#

Regional center petitions filed on or before September 30, 2026#

The protection attaches to petitions filed on or before the grandfathering date. In practice this covers Form I-526E petitions filed under the RIA from 2022 through September 30, 2026. USCIS treats a petition as filed on the date it properly receives it.

For these investors, the provision means:

1. Continued processing through a lapse. If the program's authorization expires without reauthorization, USCIS must keep adjudicating the petition.
2. No denial for program expiration alone. The lapse itself cannot be the reason for a denial.
3. The merits still apply. Source of funds, job creation, admissibility and project compliance are reviewed as usual. Grandfathering does not lower the standard of review.

Pre RIA I-526 petitions (filed before March 15, 2022)#

Legacy I-526 petitions filed before the RIA took effect are a separate group. The September 30, 2026 date did not set a deadline for them, and nothing about their adjudication changed when that date passed. USCIS continues to adjudicate legacy petitions under the rules in effect when they were filed. Source: USCIS Policy Manual, Volume 6, Part G. Blue trust tier.

Investors filing now#

A petition filed after September 30, 2026 is adjudicated under the RIA framework like any other, as long as the program remains authorized. Its exposure is to a lapse after September 30, 2027 if Congress does not reauthorize the program.

What grandfathering does not do#

It is not a price lock. The investment minimums ($800,000 for a TEA or infrastructure project, $1,050,000 otherwise) are set by a different provision. The RIA requires an inflation adjustment effective January 1, 2027; the new amounts had not been published as of November 7, 2026.

It is not a fee lock. USCIS filing fees follow the fee schedule in effect on the filing date. Under the EB-5 fee final rule (91 FR 61940), the I-526E fee rises to $7,850 and the I-829 fee to $5,000 for filings postmarked on or after November 30, 2026.

It does not cover conditions removal by itself. Form I-829 is adjudicated on its own evidence. Investors with conditional green cards still need to file the I-829 on time and show that the investment was sustained and the required jobs were created.

Priority date retention#

The RIA also added priority date retention in specific situations. If an investor's regional center is terminated, or the new commercial enterprise or job-creating entity is debarred, the investor can generally keep the original priority date when filing a new petition with a different project. Source: Public Law 117-103, Division BB. Blue trust tier. This is a separate protection from grandfathering and is not tied to the September 30, 2026 date. Ask counsel whether it applies to your facts.

What investors with open cases should do now#

1. Confirm your filing date#

If you filed an I-526E, check the receipt date on your Form I-797 notice. A receipt date on or before September 30, 2026 means the petition is grandfathered.

2. Verify your regional center's status#

Under the RIA, regional centers must be designated by USCIS, pay the annual Integrity Fund fee, and meet audit and reporting requirements. Problems at the regional center can affect investors even when the petition itself is grandfathered. You can check the USCIS website for the list of designated regional centers.

If your regional center has been terminated, consult your attorney about options, which may include a new petition with a different project and, where the statute allows, retention of your original priority date.

3. Move forward when your priority date is current#

Investors whose priority date is current should file Form I-485 (if in the United States) or proceed with consular processing (if abroad). In the November 2026 visa bulletin, the unreserved EB-5 final action date is December 1, 2016 for mainland China-born applicants and December 1, 2023 for India; all other chargeabilities and all set aside categories are current. For current dates, see the EB5Status visa bulletin page.

4. Keep complete records#

Keep records of your investment, filings, communications with your regional center, and correspondence with USCIS. They matter at the I-829 stage and if your project or regional center runs into trouble.

Relationship to program reauthorization#

The EB-5 Regional Center Program is authorized through September 30, 2027, one year after the grandfathering date. Source: INA 203(b)(5)(E)(i), as amended by Public Law 117-103, Division BB. Blue trust tier.

The two dates are distinct:

September 30, 2026 (passed): the last filing date for lapse protection. Petitions filed on or before it keep being processed if the program lapses.

September 30, 2027: the Regional Center Program's current authorization ends. Unless Congress reauthorizes the program, new regional center petitions cannot be approved after this date, and petitions filed after September 30, 2026 have no statutory lapse protection.

For a detailed analysis of the RIA and its provisions, see our EB-5 Reform and Integrity Act guide.

Pending petitions: the numbers#

USCIS has a large inventory of pending petitions. At the end of FY2026 Q3 (June 30, 2026), 11,192 I-526E petitions and 960 legacy pre RIA I-526 petitions were pending. Source: USCIS Quarterly Statistics, FY2026 Q3. Blue trust tier.

Source: USCIS Quarterly Statistics (FY2026 Q1 and FY2026 Q3) and the USCIS Check Case Processing Times tool (published June 23, 2026). Blue trust tier.

Many of the I-526E petitions pending today were filed before September 30, 2026 and are grandfathered, so a lapse in 2027 would not stop their processing. For current processing data, see the EB5Status processing times dashboard.

What Congress could do#

Congress could reauthorize the Regional Center Program before September 30, 2027, extend it, or change its terms. As of November 7, 2026, no bill changing either the grandfathering date or the 2027 sunset has been enacted. Source: congress.gov legislative tracking. Yellow trust tier.

Investors should plan on the current statutory framework and treat any legislative change as something to evaluate when it happens.

Key takeaways#

The September 30, 2026 grandfathering date has passed. Regional center petitions filed on or before it are protected if the program lapses; petitions filed later are not. Grandfathering does not lock in investment amounts or fees, does not change how pre RIA I-526 petitions are adjudicated, and does not lower the standard of review.

The next date that matters for the program is September 30, 2027, when the Regional Center Program's current authorization ends unless Congress acts. The investment minimums also change for inflation on January 1, 2027.

Consult an immigration attorney for personalized guidance about your case. This article is for informational purposes only and does not constitute legal advice.

Data sources: Public Law 117-103, Division BB (EB-5 Reform and Integrity Act of 2022); INA 203(b)(5); USCIS Policy Manual, Volume 6, Part G; USCIS Quarterly Statistics; EB-5 fee final rule (91 FR 61940); U.S. Department of State Visa Bulletin, November 2026. Last verified November 7, 2026.