The EB-5 & Global Immigration Expo, held in Newport Beach, California, in January 2026, brought together attorneys, regional centers, project developers, and industry professionals to discuss the evolving EB-5 landscape, adjudication trends, and immigration policy developments. Across panels and conversations, one message was consistent: thoughtful planning, rigorous due diligence, and strategic decision-making matter more than ever.
Below are some of the most notable takeaways from the conference:
Start With the Right Attorney
Several panelists emphasized that investors should first hire an attorney they trust – project selection can come later. With the increasing complexity of EB-5 filings, engaging experienced counsel early allows sufficient time to properly prepare and structure the case, while investors continue evaluating potential projects. Planning ahead is critical, but speed should not come at the expense of case strength.
Source of Funds: The “Path” Matters as Much as the Source
While some investors may assume that a straightforward income source will make case preparation faster or adjudication smoother, panelists often remind clients that USCIS examines not just the source of funds, but also the path the money took over time prior to the investment.
RFEs can be broad and detailed, covering not only the source of funds but also the individuals involved in the funds story. Attorneys noted that well-supported pushback in the RFE responses can sometimes be both appropriate and effective.
Partial funding was also discussed. Panelists emphasized that it is acceptable to invest a partial amount and proceed with filing, as long as all funds for the $800,000 investment are lawfully sourced and fully earned at the time of filing.
Case Complexity Directly Impacts Case Turnaround
The organization and complexity of a case play a significant role in case preparation and filing turnaround times. A common source, such as W-2 income, does not always mean the flow of such is equally straightforward or simple. Even common sources may require additional time if the documentation trail is unclear or incomplete.
Red Flags in Project Selection
Multiple warning signs were flagged during the project due diligence panels. An unusually high return rate offered by a regional center may indicate underlying risk. Although the EB-5 program requires funds to be invested for two years, most EB-5 projects follow a longer hold period as the industry standard. As a result, a stated two-year hold period should prompt investors to exercise additional scrutiny.
Panelists also cautioned against projects that rely heavily on flashy marketing materials without providing meaningful due diligence documentation. Substance matters more than presentation.
Visa Bulletin Monitoring Is Ongoing, Not One-Time
Investors and practitioners were reminded to check the Visa Bulletin not only at the time of filing, but also after I-526/E approval. This is important to 1) determine whether concurrent filing is available at the time of the I-526/E filing and 2) whether a visa is current at the time of I-526/E approval, since the petition must be approved before moving on to AOS adjudication. Visa availability is updated on a monthly basis.
H-1B, Adjustment of Status, and Travel Considerations
Panelists strongly advised maintaining H-1B status whenever possible and continuing to travel on H-1B rather than Advance Parole (AP). AOS/I-485 adjudication is discretionary, meaning approvals are not guaranteed, and denials are generally not reviewable in court. This is another reason to maintain H-1B status while the EB-5 case is pending.
An approved AP is usually required before any international travel, as leaving without it can be considered abandonment of the I-485 unless you hold a dual-intent visa, such as H-1B/H-4 or L-1/L-2, or fall under limited categories like V or K-3/K-4, while maintaining valid status.
AP is not a visa. It only allows you to request re-entry, and CBP retains discretion over entry. Best practice is to wait until AP is approved and in hand and to maintain underlying non-immigrant status, especially H-1B or L-1, while the case is pending.
Policy Uncertainty, Executive Orders, and Industry Outlook
Panelists highlighted the legal ambiguity surrounding executive actions related to the Gold Card Program, emphasizing that if programs can be established through executive orders, they can just as easily be rescinded in the same manner.
Questions around lawsuits, EB-5 grandfathering protections, and program continuity remain unresolved, though the industry expressed cautious optimism.
Looking Ahead: Hope for Program Renewal
Overall, the industry remains optimistic that the EB-5 program will be renewed beyond September 2027. While uncertainties currently remain, careful planning and organization, thoughtful attorney and project selection, and strong legal guidance continue to be the foundation of a successful EB-5 strategy.
For questions about the EB-5 program, please contact Jacqueline Treviño at jtrevino@psbplaw.com.