EB-5 Before vs. After the September 2026 Deadline
The EB-5 Reform and Integrity Act of 2022 includes a grandfathering provision that expires on September 30, 2026. Filing before this date locks in the current investment minimums and provides statutory protection against future increases. Filing after this date subjects the petitioner to CPI adjusted minimums and removes grandfathering eligibility.
Last updated: April 3, 2026
This page presents a factual comparison of the filing conditions before and after the deadline. All investment projections are based on published CPI-U data from the Bureau of Labor Statistics. EB5Status does not provide filing recommendations.
The September 30, 2026 Deadline
Section 106(b)(3) of the EB-5 Reform and Integrity Act provides that investors who file an I-526E petition on or before September 30, 2026 are “grandfathered” at the investment minimum in effect at the time of filing. This means the $800,000 TEA minimum and $1,050,000 standard minimum remain locked for the duration of the petition, including the conditional residence period.
After September 30, 2026, the investment minimums will be subject to periodic adjustment based on the Consumer Price Index for All Urban Consumers (CPI-U), as required by the RIA. New petitioners filing after the deadline will pay the adjusted amounts and will not receive grandfathering protection.
Side by Side Comparison
| Dimension | Before Sept. 30, 2026 | After Sept. 30, 2026 |
|---|---|---|
| Investment Minimum (TEA) | $800,000 | ~$900,000+ (CPI-U adjusted) |
| Investment Minimum (Standard) | $1,050,000 | ~$1,150,000+ (CPI-U adjusted) |
| Grandfathering Protection | Yes (locked in at filing) | No |
| Program Certainty | Authorized through Sept. 2027 | Authorization may lapse Sept. 2027 |
| Processing Infrastructure | Established and operational | Same (if program continues) |
| Rural Set Aside | 20% visa set aside; priority processing | Same (if program authorized) |
| Visa Backlogs | Current backlogs apply | Backlogs may grow with increased filings |
| Filing Urgency | High (deadline approaching) | Normal |
Key Differences Explained
Investment Minimum Increases
The RIA mandates that EB-5 investment minimums be adjusted periodically based on CPI-U, the Bureau of Labor Statistics measure of consumer price inflation. Based on published CPI-U data, the TEA minimum is projected to increase from $800,000 to approximately $900,000, representing an additional $100,000 in required capital. The standard minimum is projected to increase from $1,050,000 to approximately $1,150,000.
These are approximate projections. The actual adjusted amounts will depend on the CPI-U index value at the time USCIS implements the increase. The direction of the adjustment (upward) is certain; the precise dollar amount will be confirmed when USCIS publishes updated regulations.
Grandfathering Protection
Grandfathering is the most significant difference between filing before and after the deadline. An investor who files an I-526E petition on or before September 30, 2026 has their investment minimum permanently locked at $800,000 (TEA) or $1,050,000 (standard). This protection persists through the entire EB-5 process: initial petition adjudication, conditional residence, and I-829 removal of conditions.
Without grandfathering, investors are subject to whatever investment minimum is in effect at the time of filing, which will reflect cumulative CPI-U adjustments. If inflation continues at recent rates, the gap between current and future minimums will widen over time.
Program Authorization Risk
The EB-5 Regional Center program is authorized through September 30, 2027. This authorization is separate from the grandfathering deadline. If Congress does not reauthorize the program before September 2027, regional center based EB-5 petitions could be affected.
Direct EB-5 (non regional center) petitions under INA section 203(b)(5) are permanently authorized and are not affected by the 2027 expiration. However, the majority of EB-5 petitions are filed through regional centers. Investors filing before the September 2026 grandfathering deadline have the additional benefit of having their petition in process well before the 2027 authorization question arises.
Backlog and Processing Considerations
As the grandfathering deadline approaches, USCIS may receive a surge of I-526E filings from investors seeking to lock in current amounts. This increased filing volume could extend processing times for petitions filed near the deadline. Investors who file earlier in the pre deadline window may benefit from shorter processing queues. Current I-526E processing times range from 11 to 52 months depending on the filing category.
What This Means
The data is clear on what changes after the deadline: higher investment minimums and no grandfathering protection. The approximate additional capital requirement is $100,000 for TEA projects and $100,000 for standard projects. These are not speculative figures; they are derived from the statutory CPI-U adjustment mechanism and published inflation data.
The grandfathering protection is a statutory provision. It is not a USCIS policy that can be extended or modified administratively. Only Congressional action could change the deadline, and no such legislation has been introduced.
EB5Status does not provide filing recommendations. The purpose of this comparison is to present the factual differences between the two filing windows so that prospective investors and their attorneys can make informed decisions. For detailed deadline analysis, see the Grandfathering Deadline guide.
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A complete analysis of the September 2026 deadline: what it protects, what changes, investment projections, and timeline considerations for prospective investors.