The EB-5 visa program is one of the fastest ways for foreign nationals to get a U.S. green card by investing in American businesses. If you’re considering the EB-5 program, it’s important to understand two key dates: the program’s validity and the grandfathering window.
How Long Is the EB-5 Program Valid?
The EB-5 program is currently valid through September 30, 2027. This means investors can continue to make qualifying investments and concurrently apply for a green card (AOS) under the current rules. The green card can be applied for as long as the visa bulletin is current at the time the I-526/E is filed.
It’s important to check the visa bulletin when filing your I-526/E petition and again after your I-526/E is approved, because your green card cannot move forward unless your priority date is current.
What Does Grandfathering Mean?
Grandfathering protects investors who begin their EB-5 process under the current rules, including current key advantages such as a lower investment amount of $800,000, eligibility for Targeted Employment Area (TEA) designation, and the ability to concurrently file for the green card, work authorization (EAD), and travel permit (AP).
Investors who file their EB-5 application before September 2026 can take advantage of these current rules. Applications filed after September 2026 may be subject to updated requirements or new program regulations.
Why This Matters for Investors
Understanding the difference between program validity and grandfathering is critical. Timing your EB-5 investment can potentially save you money, reduce uncertainty, and help you and your family navigate U.S. immigration rules more efficiently.
Our office will closely monitor any developments regarding the future of the EB-5 program.
For questions about the EB-5 program, please email Jacqueline Treviño at jtrevino@psbplaw.com.