EB-5 Investment Amounts Rising in 2027: How Much and When

The short version#

On January 1, 2027, the minimum capital required for an EB-5 petition will increase automatically. This is a statutory mechanism written into the EB-5 Reform and Integrity Act of 2022 (RIA) that adjusts both the TEA and standard investment thresholds based on inflation. It requires no new legislation. Petitions filed before that date use the current amounts. Petitions filed on or after it use the adjusted amounts, which USCIS had not published as of November 7, 2026.

This article explains how the adjustment works and how it interacts with the separate September 30, 2026 grandfathering deadline, which has passed. The formula comes from the statutory text at INA 203(b)(5)(C)(iii).

Important: Immigration law is complex and individual circumstances vary significantly. Consult a qualified immigration attorney for personalized guidance before making any filing decisions.

What is changing and when#

The EB-5 Reform and Integrity Act (Public Law 117-103, Division BB) established a mandatory inflation adjustment for EB-5 investment thresholds. The first adjustment takes effect on January 1, 2027. Later adjustments occur every five years after that.

USCIS has no discretion here. The statute says the amounts "shall automatically adjust" and requires the Secretary of Homeland Security to publish the updated amounts in the Federal Register. Source: INA 203(b)(5)(C)(iii). Blue trust tier.

Current investment minimums (effective through December 31, 2026):

From January 1, 2027, both thresholds will be adjusted. The exact amounts depend on cumulative CPI data and had not been published as of November 7, 2026.

How the CPI adjustment works#

The statute sets out the calculation. Source: INA 203(b)(5)(C)(iii). Blue trust tier.

The index and period#

The standard amount adjusts by the cumulative change in the unadjusted Consumer Price Index for All Urban Consumers (CPI-U, all items, U.S. city average), published by the Bureau of Labor Statistics, between January 1, 2022 and the date of adjustment.

The calculation#

1. Apply the cumulative CPI-U change to the standard amount ($1,050,000).
2. Round down to the nearest $50,000.
3. Set the TEA amount at 75 percent of the adjusted standard amount.

The statute does not say exactly which monthly CPI values mark the start and end of the period. Commentators have noted that different readings give different results, and a DHS proposed rule has also addressed the calculation.

What the new amounts could be#

USCIS had not published the adjusted amounts as of November 7, 2026. Published estimates from industry commentators range from roughly $1.2 million to $1.25 million for the standard amount and roughly $900,000 to $937,500 for TEA projects. These are estimates, not official figures. Check the Federal Register and USCIS for the final amounts.

Because the TEA amount is tied to 75 percent of the standard amount, the gap between the two tiers will also change. For investors who are assembling source of funds documentation, arranging loans or liquidating assets, any increase could affect feasibility and timeline.

Two deadlines, one decision#

EB-5 investors in 2026 faced two separate dates. One has passed.

Deadline 1: September 30, 2026 (grandfathering cutoff, passed)#

The grandfathering provision at INA 203(b)(5)(S) protects petitions filed on or before September 30, 2026 if the Regional Center Program lapses after its September 30, 2027 sunset. That date has passed; petitions filed after it carry no statutory grandfathering protection. For a detailed analysis, see our grandfathering deadline guide.

Deadline 2: January 1, 2027 (CPI investment increase)#

The automatic inflation adjustment raises the minimum investment for all new petitions filed on or after January 1, 2027. This affects everyone, including investors with no prior filing history.

How the two deadlines interact#

For new investors who have not yet filed, the grandfathering window has closed, so the January 1, 2027 date is the one still ahead:

Filing before September 30, 2026 (now passed) secured grandfathering protection and the current investment amounts.

Filing between October 1, 2026, and December 31, 2026 still files at the current $800,000/$1,050,000 amounts but carries no grandfathering protection.

Filing on or after January 1, 2027 means investing at the adjusted amounts.

For most new investors, the investment increase deadline on January 1, 2027, is the more financially consequential date. The grandfathering deadline matters primarily to investors who filed under the old rules.

Filing strategy: locking in current amounts#

The investment amount is determined by the date USCIS receives the petition, not the date the investor signs the subscription agreement or wires funds to the project. This distinction matters.

What "filing" means#

To lock in the current $800,000 (TEA) or $1,050,000 (standard) investment amount, the investor must:

1. Complete the I-526E petition and all supporting documentation.
2. Submit the petition to USCIS with the required filing fees.
3. Ensure USCIS receives and receipts the petition before January 1, 2027.

Source: USCIS Policy Manual, Volume 6, Part G; 8 CFR 204.6. Blue trust tier.

Practical timeline#

Working backward from a December 31, 2026, filing deadline, the realistic preparation timeline for a new EB-5 investor includes:

Total estimated preparation time: 4 to 8 months

An investor starting in November 2026 has less time than this typical range. Filing before January 1, 2027 is only realistic for investors whose project selection and source of funds documentation are already well advanced. Do not file an incomplete petition just to beat the date, since a denial means refiling at the new amounts.

Regional center availability#

Popular projects may fill their investor slots near the adjustment date. Confirm availability with the regional center before relying on a specific project.

Historical context: EB-5 investment amount changes#

The EB-5 program's investment thresholds have changed only a few times in its 35 year history. Each time, investor behavior shifted noticeably.

1990: program creation#

Congress established the EB-5 program with a $1,000,000 standard investment and $500,000 TEA investment. These amounts remained unchanged for over 30 years. Source: Immigration Act of 1990, Public Law 101-649, Section 121. Blue trust tier.

2019: regulatory increase (short lived)#

In November 2019, USCIS implemented a regulatory increase to $1,800,000 (standard) and $900,000 (TEA). This increase was later vacated by federal court and was effectively superseded by the RIA. Source: EB-5 Immigrant Investor Program Modernization Final Rule, 84 FR 35750. Blue trust tier.

2022: RIA statutory amounts#

The RIA set the current amounts at $1,050,000 (standard) and $800,000 (TEA), effective March 15, 2022. The RIA also built in the automatic five year CPI adjustment that applies in 2027, 2032, 2037, and so on. Source: INA 203(b)(5)(C)(iii). Blue trust tier.

2027: first automatic CPI adjustment#

This will be the first time EB-5 investment amounts change through an automatic statutory mechanism rather than through new legislation or rulemaking. The statute has DHS publish the new amounts as a technical amendment in the Federal Register. Because CPI-U has risen since January 2022, the amounts are expected to go up.

Frequently asked questions#

Can Congress block the 2027 investment increase?#

In theory, yes. Congress could amend the adjustment mechanism, delay it, or set different amounts. No law changing it had been enacted as of November 7, 2026. The adjustment is self executing; it takes effect automatically unless Congress acts to change it.

Plan based on current law. Source: INA 203(b)(5)(C)(iii). Blue trust tier.

Does the increase apply to investors who already filed but whose petitions are still pending?#

No. The investment amount is locked at the time of filing. If you file an I-526E before January 1, 2027, with the current $800,000 TEA amount, that threshold applies to your petition regardless of how long adjudication takes.

The key date is when USCIS receives the petition, not when you wire funds or when the petition is adjudicated. Keep your receipt notice as documentation of your filing date. Source: USCIS Policy Manual, Volume 6, Part G; 8 CFR 204.6. Blue trust tier.

What happens if my I-526E is denied and I need to refile after January 1, 2027?#

The new petition would be subject to the adjusted investment amounts, because the statute applies them to petitions filed on or after the adjustment date.

This makes the quality of the initial filing and the underlying project all the more important. In some cases, responding to a Request for Evidence (RFE) or filing a motion to reopen may be preferable to a brand new filing, depending on the specific circumstances and timing. Work with experienced immigration counsel to ensure the first filing is as strong as possible. Source: USCIS Policy Manual, Volume 6, Part G. Blue trust tier.

How does this interact with the September 30, 2026 grandfathering deadline?#

They are separate provisions of the RIA. The grandfathering deadline (September 30, 2026, now passed) protects petitions filed on or before it against a program lapse. The CPI adjustment (January 1, 2027) affects investment amounts for all new petitions.

If you are a new investor filing now, the CPI adjustment is the date still ahead: filing before January 1, 2027 files at the current investment amount. The grandfathering window closed on September 30, 2026. See our grandfathering deadline analysis for a full treatment of that deadline.

Will regional center administrative fees also increase?#

Regional center administrative fees are set by individual regional centers, not by statute. They typically range from $50,000 to $75,000 under current market conditions and are separate from the statutory investment minimum.

Some regional centers may change their administrative fees around the time of the investment adjustment. Confirm the total cost structure before committing to a project. For a complete breakdown of all EB-5 costs, see our total cost analysis.

Methodology and sources#

CPI data source: Bureau of Labor Statistics, CPI-U All Items, U.S. city average, not seasonally adjusted (the statute specifies the unadjusted index).

Period: January 1, 2022 to the date of adjustment, per INA 203(b)(5)(C)(iii).

Rounding: Per the statute, the adjusted amounts are rounded down to the nearest $50,000, and the TEA amount equals 75 percent of the standard amount.

Estimates: The estimate ranges above come from published industry commentary, not from USCIS. They carry Yellow trust tier.

Statutory references: INA 203(b)(5)(C)(iii); Public Law 117-103, Division BB (EB-5 Reform and Integrity Act of 2022); 8 CFR 204.6; USCIS Policy Manual, Volume 6, Part G.

Exact final amounts will be confirmed when DHS publishes the official adjustment in the Federal Register.

Data sources: INA 203(b)(5)(C)(iii); Bureau of Labor Statistics CPI-U; USCIS Policy Manual, Volume 6, Part G. Last verified November 7, 2026.