New York City, NYC - Immigration experts are sounding the alarm on two non-negotiable deadlines established by the EB-5 Reform and Integrity Act of 2022 (RIA) that will have profound implications for foreign nationals seeking U.S. permanent residency through investment. The critical dates of September 30, 2026, and September 30, 2027, represent a narrow window of opportunity that could save investors hundreds of thousands of dollars while securing protection from future legislative uncertainty.
The 2026 Grandfathering Deadline: A Protection Unlike Any Other
The RIA introduced a groundbreaking grandfathering clause designed to end the confusion and investor limbo caused by historical lapses in EB-5 Regional Center program authorization. Investors who file their I-526 (direct investment) or I-526E (Regional Center program) petitions before September 30, 2026, will receive a guarantee that their applications will continue to be adjudicated regardless of whether the program is suspended, amended, or terminated.
"This grandfathering protection is the single most compelling reason for new investors to act with urgency in 2025 and early 2026," says immigration policy analysts. "Filing before this deadline locks in an investor's place in the program and insulates them from future political or legislative changes."
2027: The Investment Increase and Reauthorization Risk
While the grandfathering deadline falls in 2026, the current authorization for the EB-5 Regional Center program extends until September 30, 2027. For investors who file after the 2026 cutoff, their path to a green card becomes contingent on Congress reauthorizing the program in 2027, creating substantial uncertainty.
Additionally, the RIA mandates inflation adjustments to the minimum investment threshold every five years, with the first adjustment scheduled for January 1, 2027. The current minimum investment for Targeted Employment Areas stands at $800,000, but experts anticipate a significant upward adjustment. Investors who file before September 2026 can lock in the current lower investment amount, potentially saving substantial capital.
The Rush is Coming: Due Diligence Cannot Wait
Immigration experts anticipate a significant surge in I-526/I-526E filings as awareness of these deadlines spreads. The most time-consuming component of the EB-5 process—Source of Funds documentation—requires meticulous tracking of investment capital through complex financial histories, transaction records, and international transfer histories.
"The next 18 to 24 months are not a period for passive consideration but for aggressive due diligence," experts warn. "Starting the process now, vetting projects, and engaging experienced immigration counsel to begin Source of Funds documentation is the only way to ensure petitions are filed before the September 30, 2026, grandfathering deadline."
Four-Step Path to EB-5 Success
The EB-5 process involves four critical stages:
- Locate an EB-5 Project and File I-526E: Complete due diligence on Regional Centers and prepare comprehensive Source of Funds documentation
- Obtain Two-Year Conditional Permanent Residency: Through consular processing (DS-260) or adjustment of status (I-485)
- Maintain Investment During Conditional Period: Ensure capital remains at risk and job creation requirements are met
- Remove Conditions (Form I-829): File within 90 days of the second anniversary to obtain unconditional permanent residency
Investors typically receive their EB-5 capital back around year five, after conditional residency ends and the I-829 petition is filed or approved.
Call to Action
Prospective EB-5 investors are urged to begin their due diligence immediately to take advantage of the grandfathering protection and current investment thresholds before the 2026 and 2027 deadlines.
For more information about the EB-5 program and to schedule a consultation, visit www.studenteb5.com.
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