EB‑5 Deadlines: Why Investors Should Act Now

The September 30, 2026 grandfathering deadline

The EB‑5 Reform and Integrity Act protects qualifying investors who file their petitions on or before September 30, 2026 from certain future program changes or expiry. This grandfathering protection is valuable because it gives properly filed investors greater legislative certainty while their cases are processed.

Waiting until the final weeks can create avoidable pressure. Investors need time to select a project, complete source-of-funds documentation, transfer capital and coordinate their filing with U.S. immigration counsel.

The investment amount is scheduled to increase

The current minimum investment is $800,000 for qualifying targeted employment area and infrastructure investments. Under the Reform and Integrity Act, the amount is adjusted every five years using the cumulative change in the Consumer Price Index for All Urban Consumers (CPI‑U), then rounded to the nearest $50,000. Based on inflation since the statutory base period, the minimum is expected to rise to at least $900,000 on January 1, 2027, and the final amount could be higher depending on the published calculation.

Families already considering EB‑5 may therefore benefit from completing their planning while the current investment level remains available, provided the program and investment are suitable for them.

Application volumes and backlogs are growing

Demand for reserved rural and high-unemployment visa categories has increased significantly since the 2022 reforms. Higher filing volumes can lead to longer queues, particularly for investors from countries with substantial demand.

An earlier filing can also be important for families with children approaching age 21. A properly timed petition may help protect a child’s eligibility under the Child Status Protection Act, but the rules are technical and should be reviewed with qualified U.S. counsel.

What investors should do now

• Confirm that EB‑5 fits the family’s immigration objectives.
• Begin organizing lawful source and path of funds evidence.
• Compare several current projects rather than selecting the first opportunity presented.
• Review immigration, securities, tax and estate-planning considerations with appropriate professionals.
• Leave enough time for due diligence, document preparation and international transfers.

Act carefully—not hastily

Deadlines are a reason to begin, not a reason to skip due diligence. EB‑5 capital must remain at risk and every project carries commercial risk. The strongest approach combines timely immigration planning with a disciplined review of job creation, capital structure, security, construction progress, repayment strategy and sponsor experience.