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89 Days Left to Secure Your Place Under Today’s EB-5 Rules

EB-5 program

The countdown has begun.

As of today, there are just 89 days left until one of the most important milestones in the EB-5 Immigrant Investor Program.

September 30, 2026 marks the final day for investors to file Form I-526E under the Regional Center Program and benefit from the grandfathering protections introduced by the EB-5 Reform and Integrity Act of 2022.

The next key date follows soon after. On January 1, 2027, the minimum EB-5 investment amount is scheduled to increase as part of the program’s first mandatory inflation adjustment.

Together, these two milestones create a limited window for investors who want to file under today’s legal framework and current investment threshold.

September 30, 2026: Why This Date Matters

The EB-5 Reform and Integrity Act of 2022 introduced an important protection for Regional Center investors. Those who properly file Form I-526E on or before September 30, 2026 will continue to have their petitions processed under the law in effect at the time of filing, even if the Regional Center Program is amended, temporarily suspended or allowed to lapse in the future.

This protection, commonly referred to as grandfathering, was introduced in response to previous Regional Center lapses that left many investors facing uncertainty while waiting for their petitions to be adjudicated.

For investors, this means greater certainty. Filing before the deadline helps preserve the protections available under the current legal framework, regardless of future legislative developments.

January 1, 2027: A Higher Investment Threshold Is Expected

The second milestone is financial.

Under the EB-5 Reform and Integrity Act, the minimum investment amount must be adjusted for inflation every five years, with the first adjustment scheduled to take effect on January 1, 2027.

Although USCIS has not yet announced the revised investment thresholds, an increase is required by law. The current minimum investment for qualifying Targeted Employment Area (TEA) projects is US$800,000.

For investors, filing before the adjustment takes effect means securing the current investment amount while also benefiting from the grandfathering protections available before September 30, 2026.

Why Timing Matters

The approaching deadlines come at a time when demand for the EB-5 program continues to grow.

Recent filing data shows investor demand increasing as more families pursue U.S. permanent residence through EB-5. At the same time, the introduction of reserved visa categories, concurrent filing and stronger investor protections has made the program more attractive and predictable than ever before.

As Shai Zamanian explains, “Many investors focus on the deadline itself, but the real challenge is everything that needs to happen before you file. Preparing a comprehensive Source of Funds package can take months, particularly for entrepreneurs and business owners. Investors who start planning early give themselves the best opportunity to file before September 30, secure the current investment amount and benefit from the grandfathering protections available under today’s law.”

For many investors, preparing an approvable source of funds document is the most time-consuming part of the process. Waiting until the final weeks before the deadline can create unnecessary pressure and may leave insufficient time to prepare a complete petition.

With 89 days remaining until the grandfathering deadline, investors should already be planning their next steps.

If you are considering the EB-5 Immigrant Investor Program, speak with The American Legal Center’s team of U.S.-licensed immigration lawyers to assess your eligibility, begin your Source of Funds preparation, and position yourself to file before these important milestones.