EB-5 Grandfathering Deadline by Country
The EB-5 grandfathering deadline was September 30, 2026, and it has passed. Regional center petitions filed by then are protected if the Regional Center Program lapses; the protection does not cover denials, RFEs, backlogs, or per-country limits, and it does not fix investment amounts. Petitions filed now have no lapse protection; the program is authorized through September 30, 2027. The investment minimums ($800,000 TEA, $1,050,000 otherwise) adjust by CPI-U on January 1, 2027, and the adjusted amounts have not been announced. Compare the countries below.
How the situation 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.
- 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 plan fund movement early.
- 4Every country other than China (mainland born), India, Mexico, and the Philippines is charged to All other chargeability in the Visa Bulletin, which is Current.
- 5The September 30, 2026 deadline applied to every investor regardless of country of birth, and it has passed.
| Country | Visa backlog status | Capital-transfer constraint | Funding path |
|---|---|---|---|
| 🇨🇳China | ~decade unreserved backlog; set-asides Current | SAFE cap ~$50k per person/yr | Time-sensitive funding |
| 🇮🇳India | Unreserved dated (Unavailable Jun 5 to Sep 30, 2026); set-asides Current | LRS ~$250k per person/yr | Time-sensitive funding |
| 🇻🇳Vietnam | All categories Current | No annual transfer cap | Standard |
| 🇰🇷South Korea | All categories Current | No SAFE-style cap; tax clearance | Standard |
| 🇹🇼Taiwan | Current; separate from mainland China | No individual cap | Standard |
| 🇧🇷Brazil | All categories Current | No per-person quota; Receita reporting | Standard |
| 🇦🇪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 | Standard |
| 🇳🇬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 | Standard |
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 DeadlineWhat the passed September 30, 2026 deadline protects.Guide
Grandfathering ExplainedHow the RIA grandfathering provision protects filed petitions.Compare
Before vs AfterHow petitions filed before and after the deadline differ.Data
Investment AmountsCurrent EB-5 investment minimums and the CPI adjustment schedule.Directory
All Country GuidesBrowse EB-5 data by country of chargeability.Track EB-5 program changes
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