Why the September 30, 2026 Deadline Matters
The EB-5 Reform and Integrity Act of 2022 (RIA) established a statutory mechanism for adjusting the minimum investment amounts every five years based on the Consumer Price Index for All Urban Consumers (CPI-U). The first adjustment is scheduled for January 1, 2027.
However, the grandfathering protection under RIA Section 104(a) only applies to petitions filed on or before September 30, 2026. This creates a three month window between the grandfathering deadline and the investment amount increase where the rules for new filers may change.
Based on CPI-U data through January 2026, EB5Status projects the TEA minimum will increase from $800,000 to approximately $900,000 and the non-TEA minimum from $1,050,000 to approximately $1,150,000. For many investors, this represents a $100,000 difference in required capital.
Typical EB-5 Filing Timeline
The timeline from initial decision to I-526E filing typically ranges from 14 to 33 weeks, depending on the complexity of your source of funds, whether you have already retained an attorney, and how quickly you can complete project due diligence.
The most common source of delay is source of funds documentation. Investors with straightforward sources (salary, single property sale) may complete this step in 4 weeks. Investors with complex financial histories, multiple businesses, gifts, or funds from countries with strict capital controls often need 8 to 12 weeks or more.