EB-5 Guide
EB-5 Application Process: Step-by-Step
Quick read
Filing Deadline Alert
EB-5 September 30, 2026
Grandfathering Deadline
There are two critical dates every EB-5 investor must understand: September 30, 2026 and September 30, 2027. Most people confuse them — and that confusion can cost years of protection. This is the last safe date for maximum petition protection.
Sept 302026 grandfathering deadline
$800KCurrent TEA minimum (lock it in)
18–24moTypical I-526E preparation time
2027Program authorization expires
EB5Visa.io Editorial TeamMay 2, 202612 min readAttorney Reviewed
Background
Why Two Deadlines? The RIA 2022 Explained
The EB-5 Reform and Integrity Act of 2022 (RIA) reauthorized the Regional Center program through September 30, 2027 — and simultaneously created a separate, earlier grandfathering deadline for investors.
September 30, 2026
Investor Grandfathering Deadline
The last date to file a properly completed I-526E and receive grandfathering protection under the RIA 2022. Filing by this date ensures your petition is processed even if Congress changes or lapses the program after 2027.
September 30, 2027
Program Authorization Expiry
The date the Regional Center program's current authorization expires. Congress must reauthorize the program for new petitions to be accepted after this date. The program has been reauthorized multiple times but has also lapsed, causing periods of investor uncertainty.
The core risk: Congress has let this program lapse before
The Regional Center program lapsed in 2021–2022, leaving investors in uncertainty. Filing by September 30, 2026 legally requires USCIS to process your petition to completion regardless of what Congress does in 2027.
Deadline Comparison
Filing Before vs. After September 30, 2026
This comparison shows exactly what changes depending on when your I-526E petition is received by USCIS. The differences are significant.
Consideration
Sept 30, 2026File by this date
After Sept 30, 2026No grandfathering
USCIS Filing Deadline
Sept 30, 2026
Sept 30, 2027
Grandfathering Protection
Yes — full protection
No protection
Investment Minimum (TEA)
$800,000 (locked in)
Risk of increase
Processing Continuity
USCIS must continue I-526E
Subject to reauthorization
Program Lapse Risk
Shielded if Congress lapses
Petition may be suspended
Set-Aside Visa Access
Rural / HU / Infra preserved
Potentially subject to new rules
Priority Date Protected
Yes
Yes (if filed in time)
Key distinction: The September 30, 2027 date is when the Regional Center program authorization expires. The September 30, 2026 date is when grandfathering protection ends. These are two different deadlines with very different consequences.
Tools & Guidance
Your Grandfathering Action Plan
Use the tabs below to explore your step-by-step action plan, get answers to common questions, and understand the full scope of grandfathering protection.
With the September 30, 2026 deadline approximately 17 months away, investors need to begin preparation now. Source of funds documentation alone can take 3–4 months. Use this interactive timeline to track each phase.
Select your project
Research RC projects, engage an EB-5 immigration attorney, begin source-of-funds analysis.
Key documents / actions
Attorney engagement letterProject PPM / offering docs
At a Glance
The Bottom Line: File Early, File Complete
Grandfathering is the most powerful protection available under the RIA 2022 — but only for investors who file a properly completed petition by September 30, 2026. Here is a concise summary.
If You File by Sept 30, 2026
USCIS must process your I-526E to completion
$800K TEA investment minimum locked in
Case follows current RIA 2022 rules
Protected from future regulatory changes
Set-aside visa categories preserved
If You Miss the Deadline
No grandfathering — petition subject to program status
Investment minimums may increase under future rules
Potential suspension if program lapses in 2027
Future Congress may impose stricter requirements
Increased uncertainty for long-term immigration planning
This is not legal advice. The grandfathering provisions are governed by the EB-5 Reform and Integrity Act of 2022 (P.L. 117-103, Div. BB). Consult a licensed immigration attorney for guidance specific to your situation.
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