Foreign investors eyeing a US green card through the EB-5 Regional Center route have less than two 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 itself remains authorized through September 30, 2027.
What is the EB-5 investor visa program?
The 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 US businesses and create jobs for US workers in exchange for a green card, legalizing their status in the country.
Why does September 30, 2026, matter if the program runs till 2027?
So why is a date a full year ahead of the program’s actual sunset causing so much concern among investors? Under the EB-5 Reform and Integrity Act of 2022 (RIA), a statutory protection called the grandfathering provision kicks in at the end of September 30, 2026.
In simple terms, qualifying regional center investor petitions filed on or before that date get 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 decides, or fails to decide, in 2027 and beyond.
Many EB-5 practitioners are treating September 30, 2026, as the key grandfathering cutoff for investors who want added protection if the program later faces changes, even though the program’s current authorization stretches a year further.
In practical terms, this means families considering EB-5 shouldn’t treat the process as open-ended. For many, the more urgent decision is not whether they want a green card, but whether they are deciding early enough to protect their best options.
Does the deadline apply to every EB-5 investor?
This deadline does not hit all EB-5 investors the same way. If an immigrant chooses to go the standalone investor route by submitting Form I-526, the deadline does not apply. But for those going 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 isn’t exposed to the same regional center sunset risk. This is precisely why the grandfathering protection matters most for regional center investors, whose pathway depends on the Regional Center Program staying authorized.
For Indian families weighing EB-5, September 30, 2026, marks the line between filing under today’s rules and filing under whatever framework comes next. The date has no bearing on EB-1, EB-2, or EB-3 applicants, whose cases run on the monthly Visa Bulletin and standing immigration law instead.
Investment amount may climb after January 2027
Beyond the filing deadline, the minimum capital requirement itself could change in January 2027. The RIA mandates USCIS to adjust this minimum for inflation starting that month.
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 rise on January 1, 2027, and every five years after that.
The September 30, 2026, grandfathering deadline is arguably the most consequential date on the calendar for anyone evaluating EB-5, because filing by then preserves the right to complete the process under today’s rules, including today’s $800,000 investment threshold. Since the RIA requires USCIS to adjust the minimum for inflation starting January 2027, petitions filed after grandfathering ends will likely face a higher amount.
How the EB-5 program came about
Congress created the EB-5 Program in 1990 to stimulate the US 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, setting aside EB-5 visas for participants who invest in commercial enterprises tied to regional centers approved by USCIS based on proposals for driving economic growth.
On March 15, 2022, President Biden signed the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act, 2022, introducing new requirements for the EB-5 immigrant visa category and the Regional Center Program. At that time, the program was authorized under the Regional Center framework through September 30, 2027.
What happens if investors miss the cutoff?
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 lose out on statutory grandfathering protection. That said, filing before the deadline offers statutory protection under present law if the program later lapses or ends, but it does not guarantee petition approval or eliminate visa backlogs.
Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or tax advice. Immigration laws and government policies, including EB-5 program rules, filing deadlines, and investment thresholds, are subject to frequent change without notice. While every effort has been made to provide accurate and current information, readers should independently verify details with USCIS, a licensed immigration attorney, or the relevant government portal before making any investment or filing decision.