EB-5 Grandfathering Deadline: Sep 30, 2026 Explained | EB5Status

September 30, 2026, is the most consequential deadline in the EB-5 program for investors who filed their petitions before the EB-5 Reform and Integrity Act of 2022 (RIA) took effect. On that date, the grandfathering provisions that allow certain investors to proceed under the prior regulatory framework expire. After that date, affected investors who have not taken the necessary steps may face changed requirements, additional compliance obligations, or disruptions to their immigration process.

This article explains what grandfathering means, who is affected, what happens after the deadline, and what actions investors should take now. All information is drawn from the statutory text of the RIA, USCIS Policy Manual guidance, and official regulatory publications.

Individual circumstances vary significantly. Every investor affected by this deadline should consult a qualified immigration attorney immediately if they have not already done so.

Grandfathering, in immigration law, refers to a transitional provision that allows individuals who began a process under an earlier set of rules to complete that process under those same rules, even after new legislation changes the requirements.

When Congress enacted the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act of 2022 (Public Law 117-103, Division BB), it fundamentally changed the EB-5 program. The new law introduced higher investment amounts, new integrity requirements, the Integrity Fund, set-aside visa categories, and enhanced compliance obligations for regional centers, among other changes. Source: Public Law 117-103, Division BB, Title I. Blue trust tier.

However, Congress recognized that thousands of investors had already filed I-526 petitions, invested capital, and committed to projects under the prior rules. Requiring these investors to immediately comply with all new requirements would have been disruptive and potentially unfair. Therefore, the RIA included grandfathering provisions that allow certain investors to continue their cases under the rules that were in effect when they filed.

The grandfathering provisions have an expiration date: September 30, 2026. Source: Public Law 117-103, Division BB, Title I, Section 104(a). Blue trust tier.

The grandfathering provisions apply to investors who meet the following criteria:

Investors Who Filed I-526 Before March 15, 2022#

If you filed a Form I-526 (the prior version of the EB-5 petition) before the RIA's enactment date of March 15, 2022, you are a grandfathered investor. Source: Public Law 117-103, Division BB, Title I, Section 104. Blue trust tier.

This includes investors who:

1. Filed I-526 petitions that are still pending.
2. Received I-526 approval but have not yet received their immigrant visa or adjusted status.
3. Received conditional green cards and are awaiting I-829 adjudication.
4. Are at any stage of the EB-5 process that began with a pre-RIA I-526 filing.

What "Grandfathering" Protects#

For these investors, the grandfathering provisions preserve several important elements of the prior framework:

Investment amount. Investors who invested the pre-RIA minimum ($500,000 for TEA projects or $1,000,000 for non-TEA projects) are not required to invest additional capital to meet the RIA's higher thresholds ($800,000 and $1,050,000, respectively).

TEA designation. The TEA designation that applied to the project at the time of filing is preserved, even if the area would no longer qualify under the RIA's revised TEA criteria.

Regional center association. Investors who filed through regional centers that were designated under the prior framework can continue their cases, provided the regional center maintains its authorization.

Priority date retention. As explicitly provided by the RIA, investors who file a new I-526E petition retain the priority date from their original I-526 filing. Source: Public Law 117-103, Division BB, Title I, Section 104(b). Blue trust tier.

The precise legal consequences of the grandfathering deadline's expiration depend on USCIS interpretation and any future regulatory guidance. As of March 2026, USCIS has not issued comprehensive final guidance on all aspects of the post-deadline framework. Source: USCIS Policy Manual, Volume 6, Part G; USCIS stakeholder engagement sessions. Blue trust tier (statutory text); Yellow trust tier (interpretation of post-deadline consequences).

Based on the statutory text and available guidance, the following outcomes are anticipated:

For Investors with Pending I-526 Petitions#

Investors whose I-526 petitions remain pending as of September 30, 2026, face the most uncertainty. The grandfathering provision protects the terms under which the petition was filed, but the expiration of the grandfathering period could mean:

1. USCIS may require compliance with RIA provisions. Depending on USCIS interpretation, pending I-526 petitioners may need to demonstrate compliance with certain RIA requirements that were not in effect when they filed.

2. Regional center compliance becomes critical. If the investor's regional center has not come into compliance with the RIA's Integrity Fund and other requirements, the investor's petition could be affected.

3. Priority date is preserved. Even if the grandfathering provisions expire, the RIA's priority date retention provision is a separate statutory protection that is not tied to the September 30, 2026, deadline.

For Investors with Approved I-526 but No Green Card Yet#

Investors who have an approved I-526 but are waiting for their priority date to become current or are in the process of adjustment of status or consular processing should:

1. Ensure their case is filed or documentarily qualified before the deadline if possible. Having the I-485 filed or the consular interview scheduled before September 30, 2026, strengthens the argument that the case should proceed under the prior rules.

2. Monitor regional center status. If the regional center associated with their project has compliance issues under the RIA, the investor may need to take action.

For Investors with Conditional Green Cards#

Investors who already hold conditional green cards and are awaiting or have filed the I-829 petition to remove conditions are in the most secure position. Their green card status is established, and the I-829 process should proceed under the rules applicable at the time of their conditional admission.

The grandfathering deadline is approximately six months away as of the date of this article. Investors who are affected should take the following steps immediately:

1. Contact Your Immigration Attorney#

If you have not spoken with your immigration attorney about the grandfathering deadline, do so now. Your attorney should be able to:

1. Confirm your grandfathering eligibility.
2. Assess the current status of your petition.
3. Identify any actions needed before September 30, 2026.
4. Advise on whether filing an I-526E (which triggers the RIA's priority date retention provision) is strategically beneficial.

2. Verify Your Regional Center's Status#

Under the RIA, regional centers must be authorized by USCIS and must comply with the Integrity Fund and other requirements. If your regional center has not come into compliance, your petition could be affected.

You can check the USCIS website for a list of currently authorized regional centers. Additionally, your regional center or its counsel should be able to provide documentation of its compliance status.

If your regional center has been terminated or has not sought reauthorization under the RIA, consult your attorney about options. These may include transferring your investment to a compliant project or filing a new I-526E with a different regional center (while retaining your original priority date).

3. Prepare for Potential I-526E Filing#

Some immigration attorneys advise pre-RIA investors to consider filing a new I-526E petition under the current rules, even if they have a pending I-526. This strategy has several potential advantages:

Priority date retention. The RIA explicitly preserves the original priority date when a new I-526E is filed. Source: Public Law 117-103, Division BB, Title I, Section 104(b). Blue trust tier.

RIA compliance. A new I-526E petition is filed under the current rules, which eliminates any ambiguity about grandfathering and post-deadline compliance.

Project selection flexibility. If the original project has encountered difficulties, a new I-526E can be associated with a different, potentially stronger project.

The tradeoff is additional filing fees and legal costs. This strategy is not appropriate for every investor and should be evaluated on a case-by-case basis with qualified counsel.

4. Accelerate I-485 or Consular Processing if Possible#

Investors whose priority date is current or will become current before September 30, 2026, should prioritize filing their I-485 (if in the United States) or completing consular processing (if abroad). Having the final step of the process underway before the grandfathering deadline provides the strongest protection.

For current visa bulletin dates, see the EB5Status visa bulletin page.

5. Document Everything#

Regardless of which strategy you pursue, maintain comprehensive records of your investment, filings, communications with your regional center, and correspondence with USCIS. If the post-deadline framework requires any demonstration of compliance or good faith, having a thorough documentary record will be essential.

The EB-5 Regional Center Program is currently authorized through September 30, 2027. Source: Public Law 117-103, Division BB, Title I, Section 102. Blue trust tier. This is one year after the grandfathering deadline.

The two dates are distinct:

September 30, 2026: Grandfathering provisions expire. Investors who filed I-526 before the RIA may need to comply with new rules after this date.

September 30, 2027: Regional Center Program authorization expires. Unless Congress reauthorizes the program, no new regional center petitions can be filed after this date.

The 2021 to 2022 lapse of the Regional Center Program (from June 30, 2021, to March 15, 2022) demonstrated the disruption that can occur when the program's authorization expires. During the lapse, USCIS stopped processing all regional center I-526 petitions, affecting thousands of investors. Source: USCIS Policy Alert, July 2021; USCIS Stakeholder Communication. Blue trust tier.

Investors should be aware that both deadlines create urgency. The grandfathering deadline is the more immediate concern, but the program reauthorization deadline on September 30, 2027, could also affect long-term plans if Congress does not act.

For a detailed analysis of the RIA and its provisions, see our EB-5 Reform and Integrity Act guide.

USCIS has a significant backlog of pending I-526 and I-526E petitions. As of Q2 FY2025, the pending caseload included thousands of pre-RIA I-526 petitions that have not yet been adjudicated. Source: USCIS Quarterly Statistics, Form I-526/I-526E, Q2 FY2025. Blue trust tier.

Source: USCIS Quarterly Statistics and published processing times. Blue trust tier for receipt/completion data; Gray trust tier for estimates.

The processing time data reveals a sobering reality: many pre-RIA I-526 petitions that are still pending were filed in 2019, 2020, or 2021, and they will not be adjudicated before the September 30, 2026, grandfathering deadline. This creates an inherent tension between the deadline and USCIS's processing capacity.

For current processing data, see the EB5Status processing times dashboard.

As of March 19, 2026, there are approximately 195 days until the September 30, 2026, grandfathering deadline. The urgency of action depends on where you are in the process:

If your I-526 is still pending: Contact your attorney immediately. Evaluate whether filing an I-526E is advisable. Verify your regional center's status.

If your I-526 is approved and priority date is current: File I-485 or initiate consular processing as soon as possible. Every month of delay before the deadline increases risk.

If your I-526 is approved but priority date is not current: Monitor the visa bulletin monthly. Evaluate whether a set-aside category filing could accelerate your case.

If you have a conditional green card: You are in the most secure position, but ensure your I-829 documentation is prepared and filed on time.

If you are considering a new EB-5 investment: Any new filing will be under the I-526E and the RIA framework. The grandfathering deadline does not affect new filings.

It is possible that Congress could extend the grandfathering deadline, modify the transitional provisions, or address the situation of investors with pending petitions. Legislative proposals to address these issues have been discussed but, as of March 2026, no bill has been enacted. Source: Congressional Record; AILA policy tracking. Yellow trust tier.

Investors should not rely on potential legislative action. Planning should be based on the current statutory framework, with any legislative relief treated as a positive development if it occurs.

The September 30, 2026, grandfathering deadline is the most urgent date in the EB-5 calendar for pre-RIA investors. After this date, investors who filed I-526 petitions before March 15, 2022, may need to comply with the RIA's new requirements, including higher investment amounts and enhanced compliance standards.

Immediate action items for affected investors include: contacting an immigration attorney, verifying regional center compliance, evaluating whether a new I-526E filing is strategically beneficial, and accelerating I-485 or consular processing if the priority date is current.

The deadline also coincides with broader program timing concerns, including the Regional Center Program's authorization expiration on September 30, 2027.

Consult an immigration attorney immediately for personalized guidance regarding the grandfathering deadline and its impact on your case. This article is for informational purposes only and does not constitute legal advice.

Data sources: Public Law 117-103, Division BB (EB-5 Reform and Integrity Act of 2022); USCIS Policy Manual, Volume 6, Part G; USCIS Quarterly Statistics; U.S. Department of State Visa Bulletin. Last verified March 19, 2026.