Foreign investors eyeing a US green card through the EB-5 Regional Center route have less than five months to act. EB-5 investors who choose to go through the Regional Center program must secure a potential green card slot and become a lawful permanent resident before a crucial deadline — September 30, 2026 — even though the Regional Center program is currently authorized through September 30, 2027.

What is the EB-5 Investor Visa Program?

EB-5 investor visa program is a popular route for foreign nationals to live and stay in the United States as a lawful permanent resident. US immigration laws permit foreign investors to invest in U.S. businesses and create jobs for U.S. workers in exchange for a green card, legalizing their status in the country.

Why is September 30, 2026, a Key Deadline?

But, why is September 30, 2026, a key deadline to watch, even though the investor program is authorized through September 30, 2027?

“Under the EB-5 Reform and Integrity Act of 2022 (RIA), a critical statutory protection known as the grandfathering provision is set to take effect at the end of September 30, 2026. Qualifying regional center investor petitions filed on or before that date receive statutory protection against a future lapse or expiration of the Regional Center Program. Investors who file after that date will be exposed to whatever Congress does, or fails to do, in 2027 and beyond,” says Steven A. Brown, Partner, Reddy Neumann Brown PC.

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Is the Deadline for All?

However, this deadline does not impact all EB-5 investors equally. If an immigrant chooses to go as a standalone investor by submitting Form I-526, the deadline does not apply. But for those opting to go through a Regional Center using Form I-526E, the September 30, 2026, deadline firmly stands.

“The direct EB-5 program, which generally proceeds on Form I-526, is permanently authorized under the Immigration Act of 1990 and is not exposed to the same regional center sunset risk. The grandfathering protection discussed here is most consequential for regional center investors, whose pathway depends on the continued authorization of the Regional Center Program,” says Brown.

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Capital Requirements May Also Rise

Another key point is that the minimum capital requirement limits may change in January 2027. The EB-5 Reform and Integrity Act of 2022 (RIA) mandates USCIS to adjust this minimum for inflation starting January 2027.

Currently, for EB-5 petitions filed on or after March 15, 2022, the minimum capital requirement is $1,050,000 or $800,000 if investing in a targeted employment area or infrastructure project. These amounts will automatically increase on January 1, 2027, and every 5 years thereafter.

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Background: How the EB-5 Program Came About

Congress in 1990 created the EB-5 Program to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth

On March 15, 2022, President Biden signed the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act, 2022, which created new requirements for the EB-5 immigrant visa category and the Regional Center Program. At that time, the EB-5 visa program was authorized under the Regional Center Program through September 30, 2027.

The Bottom Line

Filing before September 30, 2026, is critical for Regional Center investors. If Congress does not reauthorize the Regional Center Program in 2027, even a regional center petition filed on or after October 1, 2026, may not be eligible for statutory grandfathering protection. Filing before September 30, 2026, offers statutory protection under present law if the Regional Center Program later lapses or ends. However, it does not ensure petition approval or eliminate visa backlogs.

Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or financial advice. The views and opinions expressed by legal experts quoted in this article are their own and do not represent the views of this publication. Immigration laws, visa regulations, and program requirements are subject to change by Congress or USCIS at any time. Filing before September 30, 2026, does not guarantee petition approval or resolution of visa backlogs. Readers are strongly advised to consult a qualified and licensed US immigration attorney before making any investment or immigration decisions based on the EB-5 program or the Regional Center Program.