EB-5 Grandfathering Deadline (Passed September 30, 2026)
Data current as of · Source: EB-5 Reform and Integrity Act of 2022; USCISVerification pending.
EB-5 Grandfathering Deadline (Passed September 30, 2026)
The EB-5 grandfathering deadline passed on September 30, 2026. Regional center petitions filed on or before that date are protected under INA 203(b)(5)(S) if the Regional Center Program lapses. The protection covers program lapse only. The program is authorized through September 30, 2027. Source: EB-5 Reform and Integrity Act of 2022, Section 104(a).
Last updated: November 10, 2026
Key Takeaways
- 1The grandfathering deadline was September 30, 2026. It has passed.
- 2Petitions filed on or before it are protected against a Regional Center Program lapse only, not against denials, RFEs, processing backlogs, or per-country visa limits.
- 3Protection attached at filing, not approval. A properly filed petition that is still pending remains grandfathered.
- 4The Regional Center Program is authorized through September 30, 2027. Petitions filed now have no lapse protection.
- 5Investment minimums ($800,000 TEA / $1,050,000 standard) adjust by CPI-U on January 1, 2027; the adjusted amounts have not been announced. This is separate from grandfathering.
What the Grandfathering Provision Does
Under the EB-5 Reform and Integrity Act of 2022 (RIA), Section 104(a), codified as INA Section 203(b)(5)(S), a regional center petition filed on or before September 30, 2026 continues to be adjudicated under the law in effect at filing if the Regional Center Program later lapses. (RIA Section 104(a) / INA 203(b)(5)(S), Congress.gov)
“Properly filed” means that USCIS received a complete petition with the correct filing fees on or before the deadline. Approval before the deadline was not required.
The provision does not protect against a denial, a request for evidence, processing backlogs, or per-country visa limits. It does not fix an investment amount or a fee.
- Statutory basis: RIA Section 104(a), codified as INA Section 203(b)(5)(S)
- Deadline date: September 30, 2026 (passed)
- What is protected: Adjudication if the Regional Center Program lapses
- What is not protected: Denials, RFEs, backlogs, per-country limits, investment amounts, fees
- Pending cases: A petition properly filed by the deadline is grandfathered even if still pending
What Applies Now
- Program authorization: the Regional Center Program is authorized through September 30, 2027. Petitions filed after September 30, 2026 have no protection if it lapses. See reauthorization 2027.
- Investment minimums: $800,000 (TEA) and $1,050,000 (standard). The statute adjusts them by CPI-U on January 1, 2027; the adjusted amounts have not been announced.
- Fees: USCIS EB-5 fees increase for filings postmarked on or after November 30, 2026 (final rule 91 FR 61940): I-526E rises from $3,675 to $7,850 and I-829 from $3,750 to $5,000.
- Visa bulletin (November 2026): China (mainland born) unreserved final action date December 1, 2016; India unreserved December 1, 2023; all other chargeability areas Current. The set-aside categories (Rural, HUA, Infrastructure) are Current.
- Processing: USCIS Check Case Processing Times tool I-526E 80% range 34.5 to 36.5 months (published June 23, 2026); median 13.6 months for I-526E cases completed in FY2026 Q3. USCIS publishes a single I-526E figure.
Historical Investment Amount Table
The EB-5 minimum investment amount has changed several times since the program was created in 1990. The following table documents each change with its legal authority.
| Year | TEA Amount | Non-TEA Amount | Authority / Source | Status |
|---|---|---|---|---|
| 1990 | $500,000 | $1,000,000 | Immigration Act of 1990 (Pub. L. 101-649) | Confirmed |
| 2019 | $900,000 | $1,800,000 | EB-5 Modernization Rule (84 FR 35750, eff. Nov 21, 2019) | Confirmed |
| 2021 | (Program lapsed) | (Program lapsed) | RC program lapsed June 30, 2021 | Confirmed |
| 2022 | $800,000 | $1,050,000 | EB-5 Reform and Integrity Act (Pub. L. 117-103, eff. Mar 15, 2022) | Confirmed |
The current investment amounts have been in effect since March 15, 2022, when the EB-5 Reform and Integrity Act was enacted. They adjust by CPI-U on January 1, 2027; the adjusted amounts have not been announced.
Last updated: November 10, 2026.
- Investment amounts: March 15, 2022 (USCIS published, RIA effective date)
- Processing times: June 23, 2026 (USCIS Processing Times Tool)
- Visa bulletin: November 2026 (U.S. Department of State)
- Fee schedule: 91 FR 61940 final rule, effective November 30, 2026
Dataset version: eb5_datasets_v2026.03.01 · Calculation version: calculations_v1.0
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- EB-5 Grandfathering Deadline
Background on the September 30, 2026 cutoff and grandfathering rules
- EB-5 Investment Increase 2027
The January 1, 2027 CPI-U adjustment to investment minimums
- EB-5 Processing Times 2026
Current timeline estimates to plan your filing strategy
How this data was calculated
Grandfathering rules are sourced to the RIA and the USCIS Policy Manual. Historical amounts are sourced from federal statutes and the Federal Register. Processing times and visa bulletin data come from USCIS and the Department of State respectively.
Planning an EB-5 filing after the grandfathering deadline?
The September 30, 2026 deadline has passed, and petitions filed now have no protection if the Regional Center Program lapses after September 30, 2027. An EB-5 attorney can help you weigh that risk.
Track EB-5 program changes
The September 30, 2026 grandfathering deadline has passed. We monitor reauthorization ahead of September 30, 2027 and the January 1, 2027 investment adjustment, and publish updates as they happen.
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Disclaimer
This page is for informational purposes only. It does not constitute legal, financial, or immigration advice. Consult a qualified immigration attorney for guidance specific to your situation.
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How this data is collected: Methodology
Frequently Asked Questions
Has the EB-5 grandfathering deadline passed?▼
Yes. The deadline was September 30, 2026. Regional center petitions filed on or before that date are grandfathered under INA 203(b)(5)(S); petitions filed after it are not.
What exactly does grandfathering protect?▼
It protects against a lapse of the Regional Center Program. If the program lapses, USCIS continues to adjudicate grandfathered petitions under the law in effect at filing. It does not protect against denials, requests for evidence, processing backlogs, or per-country visa limits.
Did grandfathering lock in the $800,000 investment amount?▼
No. Grandfathering concerns program lapse, not investment amounts. The minimums are $800,000 (TEA) and $1,050,000 (standard); the statute adjusts them by CPI-U on January 1, 2027. The adjusted amounts have not been announced.
What if my I-526E was pending on September 30, 2026?▼
A petition properly filed on or before the deadline is grandfathered whether or not it has been decided. The deadline applies to the filing date, not the approval date.
Can I still file a regional center petition now?▼
Yes. The Regional Center Program is authorized through September 30, 2027. A petition filed now is adjudicated normally while the program is authorized, but it has no grandfathering protection if the program lapses.
Sources
- EB-5 Reform and Integrity Act of 2022, Section 104(a) (accessed 2026-11-05)
- USCIS Policy Manual Vol. 6, Part G (accessed 2026-11-05)
- U.S. Department of State Visa Bulletin (accessed 2026-11-05)
- USCIS Processing Times Tool (accessed 2026-11-05)