EB-5 Immigration Policy
EB-5 Grandfathering: What If the Program Changes After You File? | EB5Status
By EB5 Status Editorial Team·9 min read·Updated 2026-04-07eb5 grandfathering if program changes
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The core question "If I invest $800,000 now and file my I-526E petition, what happens if the rules change while I'm waiting?" This is the single most common concern prospective EB-5 investors raise in 2026. The answer lies in the grandfathering provisions of the EB-5 Reform and Integrity Act, and it is largely reassuring, but with important nuances. This article explains what grandfathering protects, what it does not protect, and how it interacts with the two major upcoming changes: the investment amount increase on January 1, 2027, and the potential program expiration on September 30, 2027. Source: EB-5 Reform and Integrity Act of 2022, Section 104; USCIS Policy Manual. Blue trust tier. ## What grandfathering means Grandfathering, in immigration law, means that an applicant who files under a set of rules is permitted to continue their case under those rules even if the rules change after filing. The investor...#
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