EB-5 Immigration Policy
EB-5 Grandfathering Gap: October 2026 to September 2027 Explained | EB5Status
By EB5 Status Editorial Team·12 min read·Updated 2026-04-08eb5 grandfathering gap
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The short version The EB-5 grandfathering deadline is September 30, 2026. The Regional Center program authorization expires September 30, 2027. That leaves a 12-month window where investors can file petitions into an active program but without the grandfathering protections that shield earlier filers from future rule changes or a program lapse. This gap is not an accident; it is written into the statute. Understanding what it means is essential for anyone who will file during that period. Source: EB-5 Reform and Integrity Act of 2022, Sections 102 and 103; INA § 203(b)(5)(S). Blue trust tier. ## Two dates that don't align The Reform and Integrity Act set two separate clocks. The grandfathering provision, codified at INA § 203(b)(5)(S) by RIA Section 103, protects petitions filed on or before September 30, 2026. The program authorization, set by RIA Section 102(b), keeps the Regional Center program alive through September 30, 2027....#
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