The September 30 2026 Grandfathering Deadline: What 'Filed' Actually Means
The Reform and Integrity Act of 2022 grandfathered EB-5 investors who file their I-526E petition before September 30, 2026 against future legislative changes to investment minimums and TEA definitions. That sentence sounds simple. The word "filed" carries weight. It is not "ready to file," not "intent to file," not "in escrow." It is "USCIS accepted the petition for intake and stamped a receipt date." This article walks through exactly what counts as filed, what does not, and how investors should prepare for the deadline. Blue trust tier. ## The statutory text Section 102(a) of the EB-5 Reform and Integrity Act of 2022 (Public Law 117-103) provides that "an alien who has filed a petition for classification under section 203(b)(5)" prior to the program reauthorization sunset on September 30, 2027 retains eligibility under the program version in effect at the time of filing. The September 30, 2026 grandfathering deadline derives from...
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