Grandfathering
Also known as: Grandfathering provision, RIA grandfathering, investment amount lock
Technical · EB-5 Glossary
Definition
A provision in the Reform and Integrity Act of 2022 that protects investors who file I-526E petitions before a specified deadline from future increases in the minimum investment amount. The current deadline is September 30, 2026. Investors who file before this date lock in the current investment minimums ($800,000 TEA / $1,050,000 non-TEA) regardless of subsequent CPI-U adjustments.
Context
The grandfathering provision is especially significant for investors from backlogged countries who may wait years between filing and visa issuance. Without grandfathering, an investor whose I-526E is approved but who is waiting for a visa number could face increased investment requirements.
Related Terms
More Technical Terms
- Chargeability
The country against which an immigrant visa petition is counted for per-country limit purposes. Chargeability is generally based on the applicant's country of birth, not citizenship. In some cases, an applicant may be charged to a spouse's country of birth if it provides a more favorable visa availability date (cross-chargeability).
- Filing Date Chart
One of two charts in the monthly visa bulletin. The Filing Date chart indicates when an applicant may file their green card application (I-485 or DS-260), which is typically earlier than the Final Action Date. Whether USCIS accepts Filing Date chart submissions depends on a monthly determination by USCIS.
- Multiplier Effect
An economic concept used in EB-5 to calculate the total number of jobs (direct, indirect, and induced) created by an investment. Regional center projects use economic models (RIMS II from the Bureau of Economic Analysis or IMPLAN) to estimate the multiplier effect of the investment on the local economy.
- Oversubscription
A condition where the number of qualified applicants for a visa category exceeds the number of visa numbers available, causing the State Department to impose cutoff dates that restrict eligibility to applicants with earlier priority dates.
- Per-Country Limit
A statutory provision limiting any single country to approximately 7 percent of the total worldwide employment-based visa allocation in a given fiscal year. The total employment-based allocation is approximately 140,000 visas, making the per-country ceiling approximately 9,800 visas across all five employment-based categories combined.
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