The EB-5 Immigrant Investor Program continues to be a key pathway for foreign investors seeking U.S. permanent residency. Staying aware of upcoming deadlines is essential, with several critical dates in 2026 and 2027 that investors should watch closely.

September 30, 2026: Grandfathering Deadline

EB-5 petitions filed before September 30, 2026, are statutorily protected under the EB-5 Reform and Integrity Act (RIA). This grandfathering provision ensures that:

Your petition cannot be negatively altered or invalidated if Congress fails to reauthorize the EB-5 Regional Center Program later.
Applicants retain eligibility under current EB-5 rules, including investment amounts, TEA designations, and source of funds requirements.

Investors planning to file should prioritize submissions before this date to benefit from these protections.

September 30, 2027: Program Sunset

The current authorization of the EB-5 Regional Center Program officially expires on September 30, 2027. If Congress does not act to renew it:

USCIS will lose authority to accept and process new regional center petitions.
Only investors who filed before September 30, 2026 (grandfathered petitions) would retain statutory protections.

January 2027: Potential Investment Amount Increase

A key consideration for filings made after 2026 is a possible increase in the minimum EB-5 investment amount, expected as early as January 2027. Under the RIA, investment amounts are reviewed and adjusted every five years to account for inflation, with the first scheduled update taking effect on January 1, 2027.

These adjustments are based on changes in the Consumer Price Index for All Urban Consumers (CPI-U), which measures inflation as reported by the U.S. Bureau of Labor Statistics. The goal is to keep investment amounts aligned with economic conditions over time.

Current capital requirement: $800,000 (TEA projects (rural and high-unemployment areas) and infrastructure set-aside projects)) → Expected potential increase: approximately $937,500 (TEA and infrastructure projects starting in January 2027)
$1,050,000 for non-TEA and non-infrastructure projects
Investors who file before January 2027 may be able to secure the current lower investment amount before the scheduled adjustment takes effect.

Strategic Takeaways

EB-5 is a marathon, not a race: Success depends on careful preparation, complete documentation, and compliance, not just filing quickly. Take the time to prepare filings thoroughly to avoid errors or delays and maximize the likelihood of a smooth process.
File before September 30, 2026: Doing so will secure grandfathered protections under the EB-5 Reform and Integrity Act (RIA).
Monitor legislative developments: Stay informed on potential changes from Congress that could affect investment amounts, program rules, or timelines.

For EB-5 investors, the next 4 to 7 months are critical for strategic planning and timely filing. Taking action is a timely manner helps ensure maximum protection and greater financial predictability for those seeking U.S. permanent residency through the EB-5 program. Delayed filings may increase exposure to processing delays, potential changes in investment minimums, or program expiration risk.

For questions about the EB-5 program, please contact Jacqueline Treviño at jtrevino@psbplaw.com.