If you file a regional center EB-5 petition (Form I-526E) today, you can still file, but your petition no longer has the special “grandfathering” protection that earlier filers received. Here is what that means for you, in plain terms.
Two dates to know
The EB-5 Reform and Integrity Act of 2022 set two separate deadlines:
- September 30, 2026: the last day to file and receive grandfathering protection. That date has now passed.
- September 30, 2027: the date the Regional Center Program expires unless Congress renews (“reauthorizes”) it.
As we explained in our grandfathering deadline article, grandfathering means USCIS must keep processing a petition under current law even if the Regional Center Program later lapses. Petitions filed from October 1, 2026 onward do not have that safety net. Their path depends on Congress renewing the program on time.
1. What do I risk by filing without grandfathering?
The main risk is that if Congress does not renew or extend the Regional Center Program, you may not receive the immigration benefit you filed for. The immigration case and the investment are separate matters, so a stalled petition does not by itself mean your funds are returned. Whether any money comes back depends on your project’s own documents, not on immigration law.
If the program lapses, we expect the following for non-grandfathered regional center investors:
- I-526E petitions: USCIS would stop processing them.
- Immigrant visas abroad: consular processing would stop.
- Green card applications in the U.S. (Form I-485): these would presumably stop being decided, but the applications would remain pending.
- Work permits and travel documents (EAD and Advance Parole): it is unclear how USCIS would handle these.
2. If Congress changes the rules in 2027, could the new rules apply to my pending petition?
Possibly, which is why this is a real risk rather than a settled question. Without grandfathering, there is no built-in guarantee that today’s rules will govern your petition.
If a new law raises the minimum investment or changes eligibility, our position would be that your petition must be judged by the requirements in place on the day you filed. That is a strong and reasonable argument, but it is an argument, not a guarantee. The outcome would depend on how Congress writes the new law and how USCIS applies it.
3. What happens to petitions filed between October 1, 2026 and September 30, 2027 if the program expires?
The honest answer is that it is unclear. We see two main possibilities:
- Petitions are put on hold. USCIS could hold them “in abeyance” until Congress renews the program. This is what happened during the last lapse, which ran from June 30, 2021 until the program was reauthorized in March 2022.
- Petitions are denied (worst case). USCIS could take the position that it no longer has legal authority to decide regional center petitions and deny them.
Past experience points toward a hold rather than denials, but past practice does not bind USCIS in a future lapse.
The bottom line
Filing now is still possible, but it carries legal uncertainty that grandfathered filers do not face. Your petition’s path depends on whether, when, and how Congress renews the Regional Center Program. Congress has renewed the program before, including after a lapse, but that history is not a promise about the future.
If you are considering an EB-5 investment, our immigration team can help you assess your timeline and prepare a complete filing. Schedule Your Consultation.
For questions about EB-5 eligibility or how these changes may affect your case, please email Venkat Abhijith Thumma at vthumma@psbplaw.com.
This article is for general information only and is not legal advice.
This article covers the immigration-law side only. It is general information, not legal advice for your situation, and it is not financial or investment advice. Every case is different, so please speak with us before you make any decision.