EB-5 Grandfathering Deadline by Country
The EB-5 grandfathering deadline is September 30, 2026. Filing an I-526 or I-526E petition on or before that date locks in the current investment minimums ($800,000 for set-aside and targeted-employment-area projects, $1,050,000 for non-TEA projects) before the expected January 1, 2027 inflation adjustment, and preserves the petition if the regional-center program is not reauthorized after September 30, 2027. The filing decision plays out differently by country: backlogged countries weigh the set-aside fast lane, while capital-transfer rules change how early you must start. Compare the countries below.
How the deadline decision differs by country
- 1China and India carry visa backlogs in the unreserved category, so the set-aside categories (rural, HUA, infrastructure) are the fast lane regardless of the deadline.
- 2Capital-transfer limits set how early to start: China SAFE caps roughly $50,000 per person per year, India LRS roughly $250,000, while Hong Kong, the UK, and the UAE have no comparable cap.
- 3Nigeria and Iran face the slowest funding paths (CBN foreign-exchange access and OFAC sanctions), so investors there should begin moving funds well before the deadline.
- 4For Current countries with no backlog, the deadline is purely about locking the $800,000 minimum before the expected 2027 increase.
- 5The September 30, 2026 deadline applies to every investor regardless of country of birth.
| Country | Visa backlog status | Capital-transfer constraint | Filing priority |
|---|---|---|---|
| 🇨🇳China | ~9.5-yr unreserved backlog; set-asides Current | SAFE cap ~$50k per person/yr | Time-sensitive funding |
| 🇮🇳India | ~4-yr unreserved backlog; set-asides Current | LRS ~$250k per person/yr | Time-sensitive funding |
| 🇻🇳Vietnam | All categories Current | No annual transfer cap | Lock the minimum |
| 🇰🇷South Korea | All categories Current | No SAFE-style cap; tax clearance | Lock the minimum |
| 🇹🇼Taiwan | Current; separate from mainland China | No individual cap | Lock the minimum |
| 🇧🇷Brazil | All categories Current | No per-person quota; Receita reporting | Lock the minimum |
| 🇦🇪United Arab Emirates | Current if UAE-born; birth-country backlog otherwise | No outbound cap | Plan ahead |
| 🇬🇧United Kingdom | All categories Current | No cap; coordinate UK CGT | Plan ahead |
| 🇲🇽Mexico | All categories Current | Banco de Mexico + SAT reporting | Lock the minimum |
| 🇳🇬Nigeria | All categories Current | CBN FX access slow; CCI needed | Time-sensitive funding |
| 🇮🇷Iran | Current by chargeability; sanctions apply | OFAC: funds via third countries | Time-sensitive funding |
| 🇭🇰Hong Kong | Current; separate from mainland China | No SAFE controls; HK-source scrutiny | Plan ahead |
| 🌍Rest of World | All non-listed countries Current | Varies by country of origin | Lock the minimum |
Backlog status reflects the most recent visa bulletin. Capital-transfer rules are summarized for planning and are not legal or tax advice.
Related Resources
Guide
Grandfathering DeadlineThe full September 30, 2026 deadline analysis.Guide
Grandfathering ExplainedHow the RIA grandfathering provision protects filed petitions.Tool
Grandfathering PlannerMap your filing timeline against the deadline.Compare
Before vs AfterHow filing before or after the deadline changes your case.Data
Investment AmountsCurrent EB-5 investment minimums and the CPI adjustment schedule.Directory
All Country GuidesBrowse EB-5 data by country of chargeability.Track the grandfathering deadline
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