The September 30 2026 Grandfathering Deadline: What 'Filed' Actually Means

Correction and update, November 7, 2026: The September 30, 2026 grandfathering deadline has passed. As first published, this article said grandfathering locks in investment minimums and TEA definitions. That is not what the statute does. INA 203(b)(5)(S) protects petitions filed on or before September 30, 2026 against a Regional Center Program lapse: USCIS may not deny them, or stop processing them, because the program expired. The investment minimums adjust separately on January 1, 2027. The material below on what counts as "filed" is kept because it still answers whether a late September petition made the deadline.

The Reform and Integrity Act of 2022 grandfathered EB-5 petitions filed on or before September 30, 2026 against a lapse of the Regional Center Program.

That sentence sounds simple. The word "filed" carries weight. It is not "ready to file," not "intent to file," not "in escrow." It is "the petition reached the correct USCIS filing location and was accepted, so it carries a receipt date." This article walks through exactly what counts as filed, what does not, and how to check whether a late-September petition made the date. Blue trust tier.

The statutory text#

The grandfathering rule is INA 203(b)(5)(S), added by the EB-5 Reform and Integrity Act of 2022 (Public Law 117-103). It directs DHS to continue processing petitions filed on or before September 30, 2026, and the I-829 petitions that follow from them, even if the Regional Center Program's authorization lapses. The current authorization runs through September 30, 2027.

What grandfathering covers: continued adjudication despite a program lapse. That is all.

What grandfathering does NOT cover:

• Investment minimums. The $800,000 and $1,050,000 amounts are adjusted for inflation on January 1, 2027 under a separate provision, based on when a petition is filed, not on grandfathering.
• TEA definitions and category structure. These come from the statute as it stands, and Congress could change them in any reauthorization.
• Adjudication standards. USCIS can change adjudication policies after the deadline; grandfathering does not freeze the standards under which the petition is reviewed.
• Processing times. Grandfathered petitions still wait in the same queue as everything else.
• Bulletin movement. Visa availability depends on the bulletin, not on grandfathering status.
• Project changes. If the project itself fails or materially changes, grandfathering does not protect against a project-specific denial.

What "filed" means at USCIS#

Under 8 CFR 103.2(a)(7), USCIS records the receipt date as the actual date the petition arrives at the designated filing location, provided it is accepted. The sequence:

1. The investor (through counsel) prepares the I-526E with all supporting documents.
2. Counsel submits the petition with the filing fee to the appropriate USCIS service center.
3. USCIS intake screens the submission: signature present, fee paid, required documents included.
4. If intake passes, USCIS accepts the filing, assigns a receipt date and a receipt number, and issues Form I-797 Notice of Action.
5. The receipt date (the arrival date at the filing location, even if intake processing happens later) is the priority date and the "filed" date for grandfathering purposes.

What happens if intake fails: USCIS rejects the submission and returns it. There is no receipt date, no Form I-797, and no "filed" date. The investor must correct the deficiency and refile. If the corrected refiling arrived after September 30, 2026, the petition missed the grandfathering window.

Intake processing can take days or weeks, but it does not move the receipt date. A paper petition that arrived at the correct filing location on September 29, 2026 and was accepted carries a September 29 receipt date even if the I-797 was issued in October. Check the receipt date printed on the I-797.

Three common failure modes for the deadline#

Investors who filed close to September 30, 2026 faced three failure modes, and the same three apply to any filing made close to a fee or investment-amount change. Each is preventable with adequate lead time.

Fee underpayment. USCIS rejects petitions where the filing fee is wrong, even by small amounts. The fee that applies is the one in effect on the date of filing. For filings postmarked on or after November 30, 2026, the I-526E fee rises to $7,850 and the EB-5 Integrity Fund fee to $1,100. A wrong fee triggers rejection without a receipt date.

Missing required documents. The I-526E requires specific supporting documents (project documents, source-of-funds documentation, biographic information for derivatives). Intake screening looks for the presence of these documents. Missing required elements triggers rejection.

Signature deficiencies. Each signature on the petition and supporting forms must be original (or compliant with USCIS's electronic signature standards) and in the correct location. Missing signatures, wrong signers, or improperly executed signatures trigger rejection.

A rejection in late September 2026 left no time to correct and refile before the deadline. Many practitioners advised filing by mid-August 2026 to allow time for at least one cycle of correction if needed.

The practitioner timeline#

For investors who targeted the September 30, 2026 deadline, the working backward timeline was:

That window has closed.

Common misunderstandings#

Misunderstanding 1: "Filed" means escrow signed. No. Escrow signing is part of the project subscription, not the USCIS filing. Money sitting in escrow without an I-526E with a receipt date does not satisfy the grandfathering deadline.

Misunderstanding 2: "Filed" means intent declared. No. There is no "intent to file" provision in EB-5. Until USCIS has the petition and has assigned a receipt date, the petition is not filed.

Misunderstanding 3: The deadline can be extended. The September 30, 2026 date is in the statute. Changing it would require congressional action, and as of November 7, 2026 Congress has not changed it.

Misunderstanding 4: Filing locks in the project, not just the terms. No. Grandfathering protects the petition against a program lapse. It does not guarantee the project succeeds or that the I-526E is approved. Project-specific risks remain.

Misunderstanding 5: Family members need separate filings. No. Derivatives (spouse and unmarried children under 21) are included on the principal investor's I-526E petition. They are not filed separately. Their grandfathering protection derives from the principal's petition.

What happens after September 30, 2026#

Three reauthorization scenarios shape what comes next:

• No reauthorization (current authorization expires September 30, 2027). Grandfathered regional center petitions continue to be processed despite the lapse. Regional center petitions filed after September 30, 2026 have no statutory protection and could stall until Congress acts.
• Reauthorization with changes to investment minimums, TEA definitions, or categorical structure. How any change applies to pending petitions would depend on the new law's own transition rules. Grandfathering protects against a lapse, not against every change Congress might make.
• Reauthorization without a gap. The lapse protection is never needed.

Petitions filed after the deadline carry the lapse risk.

FAQ: Grandfathering deadline#

Q: Is the September 30, 2026 deadline absolutely fixed or could it change?

A: The date is set in the Reform and Integrity Act of 2022 and has now passed. Changing it would require congressional action, and Congress has not changed it.

Q: If my I-526E is denied after I file before the deadline, do I lose grandfathering?

A: If you refile after the deadline, the refiled petition does not have grandfathering protection. If you successfully appeal or motion the denial and the original petition is restored, the original receipt date and grandfathering protection are preserved.

Q: My priority date is in 2020 with an approved I-526. Am I grandfathered against changes to the Reform and Integrity Act?

A: Pre-RIA I-526 petitions are governed by the pre-RIA program rules in effect at the time of filing. The Reform and Integrity Act made changes that applied prospectively to I-526E filings after March 15, 2022. Your pre-RIA I-526 is governed by its own grandfathering rules; consult counsel for specifics.

Q: Can I file my I-526E with an incomplete source-of-funds package and supplement later?

A: USCIS will reject filings that are facially incomplete. Source-of-funds documentation is part of the required filing. RFEs after filing can address gaps, but the initial filing must include enough to clear intake. Counsel will typically not file an obviously incomplete package.

Q: My project has not yet closed capital. Can I file my I-526E based on a subscription agreement alone?

A: USCIS requires evidence that the investment has been made or is irrevocably committed. A signed subscription agreement plus evidence of funds in escrow is typically sufficient. A subscription without escrow funding is generally not. Counsel will advise on the specific evidentiary standard for the project structure.

Q: I am sending my filing by overnight courier on September 29, 2026. Am I safe?

A: That date has passed. Under 8 CFR 103.2(a)(7), the receipt date is the day the petition actually arrived at the correct USCIS filing location, as long as USCIS accepted it. A petition delivered there on or before September 30, 2026 and accepted is timely even if the I-797 came later. A rejected petition keeps no filing date. Check the receipt date on your I-797.

Methodology#

Grandfathering provisions come from INA 203(b)(5)(S), added by the EB-5 Reform and Integrity Act of 2022 (Public Law 117-103). Receipt-date rules come from 8 CFR 103.2(a)(7). Blue tier on the statutory language and the published policy.

Practitioner timeline recommendations reflect aggregated counsel-side guidance. Gray tier. Individual timelines vary based on case complexity.

The discussion of post-September 30, 2026 outcomes reflects editorial analysis of the statutory framework and possible congressional reauthorization scenarios. Orange tier on the scenario discussion.

This article is not legal advice. Filing decisions and grandfathering protection require case-specific counsel review.

What to read next#

• Grandfathering Deadline Explained: what the 2026 deadline meant, now that it has passed.
• EB-5 Set-Aside Categories Explained: which categories you might choose before filing.

Plan your filing timeline. The Filing Checklist tool walks you through document categories.