The EB-5 Grandfathering Countdown: What the 2026 Deadline Meant

The September 30, 2026 deadline has passed. Here is what it did and did not change.#

Correction, November 7, 2026: An earlier version of this article described September 30, 2026 as the date when protections for investors who filed Form I-526 before the RIA would expire, and urged readers to act before it. That was wrong. The statute does not set an expiration date for pre RIA petitions. The grandfathering provision at INA 203(b)(5)(S) protects regional center petitions filed on or before September 30, 2026 if the Regional Center Program lapses, and nothing more. The deadline has passed. Regional center authorization runs through September 30, 2027.

On March 15, 2022, the EB-5 Reform and Integrity Act (RIA) restructured the immigrant investor program: new investment minimums, new integrity requirements, new set aside categories, and a new filing form. It also reauthorized the Regional Center Program through September 30, 2027 and added a provision that protects certain petitions if that authorization lapses.

That provision, INA 203(b)(5)(S), titled "Protection from expired legislation," says that if the Regional Center Program's authorization expires, DHS must continue processing regional center petitions filed on or before September 30, 2026, may not deny them because of the lapse, and may not suspend visa allocation to beneficiaries of approved petitions. Source: 8 U.S.C. 1153(b)(5)(S). Blue trust tier.

This article explains what that protection covers, what it does not, and what it means for investors now that the date has passed.

Nothing in this article constitutes legal advice. Consult a qualified immigration attorney for guidance specific to your situation.

What the September 30, 2026 Deadline Means#

The grandfathering provision applies only if the Regional Center Program's authorization lapses. If that happens, petitions filed on or before September 30, 2026 keep three protections:

Continued processing. USCIS must keep processing the I-526E petition and the later I-829 petition.

No denial because of the lapse. USCIS may not deny the petition because the program's authorization expired.

Continued visa allocation. The State Department may not stop issuing visas to beneficiaries of approved petitions because of the lapse.

The provision does not change investment amounts, TEA designations or any other eligibility rule, and it does not set any deadline for investors who filed Form I-526 before the RIA. USCIS has said it adjudicates those legacy petitions under the requirements in effect when they were filed. Source: 8 U.S.C. 1153(b)(5)(S); USCIS Policy Manual, Volume 6, Part G. Blue trust tier.

The protection matters because of what happened during the last lapse. When the Regional Center Program expired on June 30, 2021, USCIS stopped approving regional center petitions until Congress passed the RIA in March 2022. Source: USCIS Policy Alert PA-2021-15, June 30, 2021. Blue trust tier.

A Month by Month Filing Timeline: March Through September 2026#

This section originally set out a month by month plan for filing before September 30, 2026. The deadline has passed, and part of that plan rested on the incorrect framing described in the correction note above, so it has been removed. Regional center petitions filed after September 30, 2026 are processed normally while the program remains authorized. They lose processing protection only if the program lapses after September 30, 2027 without reauthorization.

What Happens If You Miss the Deadline#

The September 30, 2026 date did not change investment amounts, TEA designations or the rules for pending legacy petitions. Its only effect is on what happens if the Regional Center Program lapses:

Petitions filed on or before September 30, 2026. Processing continues during a lapse, and USCIS may not deny them because of the lapse.

Regional center petitions filed after September 30, 2026. These have no statutory protection during a lapse. If the program expires on September 30, 2027 without reauthorization, USCIS could stop approving them until Congress acts, as it did in 2021 and 2022.

Direct (non regional center) petitions. The direct EB-5 category is permanent law and does not depend on the regional center authorization, so the lapse question does not apply.

Which Investors Are Most at Risk#

Exposure depends on when and how the investor filed.

Most exposed: Regional center petitions filed after September 30, 2026. These carry no lapse protection. Their risk depends on whether Congress reauthorizes the program before September 30, 2027.

Protected against a lapse: Regional center petitions filed on or before September 30, 2026. These include I-526E petitions filed under the RIA and legacy I-526 petitions still pending.

Legacy I-526 petitions. These face long processing times rather than a deadline. Legacy pre-RIA I-526 petitions completed in FY2026 Q1 had a median processing time of 93.2 months, and 960 legacy petitions remained pending at the end of FY2026 Q3. Source: USCIS quarterly all-forms data. Blue trust tier.

Approved petitions waiting for visa availability. These investors remain subject to Visa Bulletin backlogs, particularly for China and India born applicants in the unreserved category. The rural and high-unemployment-area set-asides currently have no cut-off dates. Source: Department of State Visa Bulletin. Blue trust tier.

Filing Strategy for the Final 6 Months (as published)#

This section originally compared strategies for beating the deadline, including refiling an I-526E to "eliminate grandfathering risk." That advice rested on the incorrect framing in the correction note and has been removed. Investors with a pending legacy I-526 who are weighing a new I-526E should ask their attorney about cost, the current investment amounts and whether any priority date retention rule applies. The RIA's priority date retention rules generally apply when a regional center is terminated or a project is debarred, not to every voluntary refiling.

Cost Considerations Before the Deadline#

These are the main budget lines for an I-526E filing today:

I-526E filing fee: $3,675 (current USCIS fee). Source: USCIS Fee Schedule. Blue trust tier.

Legal fees for I-526E preparation: $15,000 to $50,000 depending on case complexity, source of funds documentation requirements, and attorney billing structure. These are industry range estimates based on published attorney fee schedules. Yellow trust tier.

I-485 filing fee: $1,440 per applicant age 14 or older ($950 for a child under 14 filing with a parent); there is no separate biometric services fee. Source: USCIS Fee Schedule. Blue trust tier.

Medical examination: $200 to $500 depending on the civil surgeon and location. Yellow trust tier.

Document translation and authentication: $1,000 to $5,000 depending on the volume and language. Yellow trust tier.

Investment amount: $800,000 for TEA projects and $1,050,000 for non TEA projects for petitions filed before January 1, 2027, when the amounts are adjusted for inflation.

For a comprehensive analysis of total EB-5 costs, see the EB5Status total cost guide and the cost calculator tool.

How Processing Times Affect Your Timeline#

Processing times are the hidden variable in every grandfathering strategy. USCIS publishes two different processing-time metrics, and they measure different things: the Check Case Processing Times tool shows an 80% range, while the quarterly all-forms data reports the median time for cases actually completed in the quarter. Current figures for EB-5 related forms:

I-526E (new filings under RIA): The USCIS Check Case Processing Times tool publishes a single I-526E range of 34.5 to 36.5 months (published June 23, 2026). The tool does not break out separate ranges for rural, high-unemployment-area, or unreserved filings. The quarterly median for I-526E cases completed in FY2026 Q3 was 13.6 months. Source: USCIS Check Case Processing Times tool; USCIS quarterly all-forms data. Blue trust tier.

Rural set-aside petitions: The RIA requires priority processing for rural petitions, and USCIS formalized a dedicated rural queue in its February 25, 2026 inventory-management model. AIIA FOIA data (USCIS records obtained via FOIA, through July 31, 2025) shows 44% of rural I-526E filings approved versus about 8.5% of HUA filings adjudicated. USCIS publishes no separate rural processing-time range. Source: Public Law 117-103; USCIS; AIIA FOIA data. Blue trust tier (statute); Gray trust tier (FOIA tabulation).

I-526 (legacy pre-RIA petitions): Legacy I-526 petitions completed in FY2026 Q1 had a median processing time of 93.2 months. Source: USCIS quarterly all-forms data, FY2026 Q1. Blue trust tier.

I-485 (Adjustment of Status): The tool shows 8.5 to 17 months for employment-based I-485 applications at field offices and 36.5 to 45.5 months for EB-4 and EB-5 cases at the service centers (published June 23, 2026). Source: USCIS Check Case Processing Times tool. Blue trust tier.

I-829 (Remove Conditions): The tool shows a range of 22 to 72 months (published June 23, 2026); the quarterly median for I-829 cases completed in FY2026 Q3 was 12.8 months. Source: USCIS Check Case Processing Times tool; USCIS quarterly all-forms data. Blue trust tier.

A new I-526E filed today is adjudicated under the current rules. If it is a regional center petition, it carries no lapse protection, so its main risk is a program lapse after September 30, 2027.

For current processing data across all EB-5 form types, see the EB5Status processing times dashboard.

Frequently Asked Questions#

What happened on October 1, 2026?#

Nothing changed for petitions already filed. The September 30, 2026 date only decides which regional center petitions are protected if the program's authorization lapses. Petitions filed on or before it are protected; petitions filed on or after October 1, 2026 are not. Investment amounts and other eligibility rules did not change on that date. Source: 8 U.S.C. 1153(b)(5)(S). Blue trust tier.

Can I still file a new I-526E and retain my original priority date?#

Only in some cases. The RIA's priority date retention rules mainly protect investors whose regional center is terminated or whose project is debarred. A voluntary refiling does not automatically keep the old priority date. Ask your attorney whether retention applies to your facts.

Should I refile with an I-526E if my I-526 is still pending?#

Not because of the September 30, 2026 date. A pending legacy I-526 filed before that date is already protected if the program lapses. Refiling means paying $3,675 in USCIS fees plus legal costs, investing at the current minimum amounts and restarting processing. It can still make sense in specific situations, such as a terminated regional center or a failed project. This is not a decision to make without qualified counsel.

What if my regional center was terminated or did not get reauthorized?#

Your associated petition may be at serious risk. Under the RIA, regional centers must pay into the EB-5 Integrity Fund, undergo audits, and meet compliance standards, and USCIS can terminate noncompliant centers. Investors affected by a termination should consult their immigration attorney about options, which may include a new I-526E with a different project and, where the rules allow, retention of the original priority date. Source: 8 U.S.C. 1153(b)(5); USCIS Policy Manual, Volume 6, Part G. Blue trust tier.

Is there any chance Congress will extend the grandfathering deadline?#

No legislation extending the September 30, 2026 date was enacted before it passed. The next decision point is reauthorization of the Regional Center Program before September 30, 2027. Investors should plan based on current law. Source: Congressional Record. Yellow trust tier.

Methodology and Sources#

All data and legal citations in this article are drawn from primary sources and verified against official publications. The trust tier system used throughout reflects the EB5Status source hierarchy:

Blue (Official): Data published directly by a U.S. government agency including USCIS, the Department of State, and the text of enacted federal legislation.

Gray (Derived): Calculations or date ranges computed from official source data using disclosed methodology.

Yellow (Estimated): Figures inferred from partial data, industry surveys, or ranges reported by practitioners. Used for cost estimates such as legal fees and medical examination fees.

Primary statutory source: EB-5 Reform and Integrity Act of 2022, enacted as Division BB, Title I of Public Law 117-103 (Consolidated Appropriations Act, 2022), signed March 15, 2022.

Key provisions cited:

1. INA 203(b)(5)(S), 8 U.S.C. 1153(b)(5)(S): Protection from expired legislation (petitions filed on or before September 30, 2026)
2. INA 203(b)(5)(E): Regional Center Program authorization through September 30, 2027
3. INA 203(b)(5)(J): EB-5 Integrity Fund

Processing time data: USCIS Check Case Processing Times tool (published June 23, 2026) and USCIS quarterly all-forms adjudication data (FY2026 Q3).

Visa bulletin data: U.S. Department of State Monthly Visa Bulletin, November 2026.

Fee schedule: USCIS Fee Schedule.

For the full EB5Status source authority framework and citation methodology, see our methodology page.

This article is published for informational purposes only and does not constitute legal advice. Immigration law is complex and fact specific. Consult a qualified immigration attorney for guidance on your individual case. Data last verified November 7, 2026.