EB-5 Grandfathering Deadline: September 30, 2026

Under the EB-5 Reform and Integrity Act of 2022 (RIA), Section 104(a), investors who file an I-526E petition on or before September 30, 2026 have their petitions evaluated under the rules and investment amounts in effect at the time of filing. This protection is codified as INA Section 203(b)(5)(S). In practical terms, “grandfathering” means that a properly filed petition locks in the current investment minimums, fee structure, and program rules, regardless of any changes that take effect after the filing date. (RIA Section 104(a) / INA 203(b)(5)(S), Congress.gov)

“Properly filed” means that USCIS receives a complete I-526E petition with the correct filing fees. The petition does not need to be approved before the deadline. It only needs to be received and receipted by USCIS. This distinction matters: the grandfathering protection attaches at the point of filing, not at the point of adjudication. (USCIS Policy Manual Vol. 6, Part G, Ch. 4)

USCIS implements the grandfathering provisions through the Policy Manual (Volume 6, Part G, Chapter 4), which provides guidance on how the agency evaluates petitions filed before a statutory transition date. Petitions filed before September 30, 2026 must be adjudicated regardless of whether the Regional Center program subsequently expires or lapses. (USCIS Policy Manual Vol. 6, Part G, Ch. 4)

The current EB-5 minimum investment amounts are $800,000 for TEA projects and $1,050,000 for non-TEA projects. These amounts have been in effect since March 15, 2022, when the RIA was enacted. (RIA Section 102(a)(1), USCIS.gov)

Under RIA Section 102(a)(3), USCIS is required to adjust investment amounts every five years based on the Consumer Price Index for All Urban Consumers (CPI-U), rounded down to the nearest $50,000. The first adjustment is scheduled for January 1, 2027. Based on CPI-U data published by the Bureau of Labor Statistics through January 2026 (baseline March 2022: 287.504; January 2026: 325.252; change: +13.15%), EB5Status projects the adjusted amounts at approximately $900,000 (TEA) and $1,150,000 (non-TEA). (BLS CPI-U Data, data.bls.gov; EB5Status Calculation)

USCIS published a proposed fee rule (RIN 1615-AC93) on October 23, 2025. The comment period closed December 22, 2025. As of March 16, 2026, no final rule has been published. Until a final rule takes effect, the current fee schedule remains in place. This section will be updated when USCIS publishes a final fee rule. (Federal Register 2025-19642, federalregister.gov)

For a TEA investment, the projected cost increase is approximately $100,000 in the investment amount alone. For a non-TEA investment, approximately $100,000. These are the investment minimums and do not include filing fees, legal fees, or other costs.

When administrative fees, legal fees, and USCIS filing fees are included, the total cost of EB-5 under current rules ranges from approximately $870,000 to $1,200,000 depending on project type, family size, and legal complexity. After the deadline, this range is projected to increase to approximately $970,000 to $1,350,000.

Indian investors should note that the Reserve Bank of India Liberalized Remittance Scheme (LRS) limits outward remittances to USD 250,000 per individual per financial year (April 1 through March 31). Investors may need transfers across two or more fiscal years to fund an $800,000 investment. Married couples can combine allowances for $500,000 per year. (Reserve Bank of India LRS Master Circular, rbi.org.in)

Chinese investors should consult with their immigration attorney regarding current foreign exchange procedures.

Concurrent filing allows eligible investors to file Form I-485 (Adjustment of Status) simultaneously with Form I-526E. This strategy provides significant advantages for investors who are physically present in the United States and whose priority date is current or who are filing under a current set-aside category.

The benefits of concurrent filing include: work authorization through an Employment Authorization Document (EAD, Form I-765) while the I-526E is pending; travel authorization through Advance Parole (Form I-131) while the I-526E is pending; and the ability to remain in the United States in valid status while both petitions are processed. (USCIS Policy Manual, Concurrent Filing Provisions)

Filing the I-526E before the September 30, 2026 deadline with a concurrent I-485 provides maximum advantage: the investor locks in the current investment amount through grandfathering while simultaneously beginning the adjustment of status process.

Eligibility for concurrent filing requires that the investor be physically present in the United States and maintain valid immigration status. Not all investors qualify. See our concurrent filing guide for detailed eligibility requirements and filing strategies.