Media

Foreign nationals considering the EB-5 Immigrant Investor Program should be aware of two key dates under the EB-5 Immigrant Investor Program, September 30, 2026 and January 1, 2027, create an important planning window for investors who want to lock in current benefits under the EB-5 program and its current regulations.

1. September 30, 2026: Filing Deadline for Long-Term Protection (grandfathering)

Under the EB-5 Reform and Integrity Act of 2022, investors who file their EB-5 petition on or before September 30, 2026 receive special legal protection.
Petitions filed by this date will continue to be processed even if Congress later changes or temporarily suspends the EB-5 Regional Center program. This protection helps investors avoid the uncertainty caused by past program lapses and applies only to cases properly filed before the deadline.

2. January 1, 2027: Investment Amount Increase

The same legislation that provided the long term protections, provided that the EB-5 investment amounts be adjusted for inflation every five years. The first adjustment is scheduled for January 1, 2027.

Currently, the minimum investment for most EB-5 projects is $800,000. While the exact increase has not yet been announced, an increase is mandatory. Investors who file before the September 30, 2026 deadline may preserve eligibility at today’s investment level.

Planning Early Matters

Preparing an EB-5 case takes time, especially the Source of Funds documentation. Investors must show that their investment capital was lawfully earned and properly transferred, often requiring financial records going back several years.

Starting early allows investors to complete legal and financial preparation carefully, rather than rushing close to the deadline.
Investors considering EB-5 should speak with a qualified EB-5 expert early to review eligibility, select a suitable project, and begin Source of Funds preparation well ahead of these deadlines.