Missed the September 30 EB-5 Deadline? There Is Still Another Important Deadline in 2026

Much of the recent conversation around EB-5 has centered on the September 30, 2026 grandfathering deadline. However, if you are only now discovering EB-5 or are still early in the process, that date may simply be out of reach. The reassuring news is that missing it does not mean waiting indefinitely or losing your best opportunity to act. A second deadline arrives at the end of 2026, and for many prospective investors it is reason enough to move forward now: on January 1, 2027, the minimum EB-5 investment amount is scheduled to rise automatically, and filing before then can lock in today's lower threshold.

Where the Investment Minimums Stand Today

Under the Reform and Integrity Act, enacted in March 2022, the current minimum investment is $1.05 million for a standard EB-5 investment. For investments in a Targeted Employment Area, which includes qualifying rural and high-unemployment-area projects as well as qualifying infrastructure projects, the minimum is $800,000. These figures have applied to every petition filed since March 15, 2022. What many investors do not realize is that these amounts were never meant to be permanent. When Congress wrote the RIA, it built in an automatic mechanism to raise the thresholds over time, which is what makes the coming January date significant.

How the January 2027 Increase Works

The 2027 adjustment is not a discretionary change that depends on Congress passing new legislation. It is automatic, written directly into the RIA, and it will recur every five years after 2027. That is an important distinction, because it means the increase is not subject to political negotiation or delay; it is scheduled to happen on its own.

The mechanics are straightforward in principle. For the standard minimum, the adjustment is based on the cumulative change in the Consumer Price Index for All Urban Consumers, or CPI-U, between January 1, 2022 and the adjustment date, as reported by the Bureau of Labor Statistics. The resulting figure is then rounded down to the nearest $50,000. The TEA and qualifying infrastructure minimum is set at 75% of that adjusted standard amount, subject to the same rounding.

One caution is worth stating plainly. The exact 2027 figures have not yet been officially announced, and DHS is required to publish them. What the law establishes for certain is the formula and the January 1, 2027 effective date, not a specific dollar amount. Investors should therefore be wary of precise projected numbers circulating as if they were settled. The increase will be meaningful, given the inflation accumulated since 2022, but the final figures will not be known until the government publishes them.

Why Filing Before January 1 Matters

The rule that makes this a genuine deadline is simple: the investment amount that applies to a petition is tied to its filing date. An investor who properly files Form I-526E before January 1, 2027 can seek to qualify under the threshold in effect at the time of filing. An investor who waits until January 1 or later will generally be held to the newly adjusted, higher minimum.

That distinction carries real financial weight. Because the adjustment reflects several years of accumulated inflation, the current $800,000 and $1.05 million thresholds will not simply carry forward into 2027. For someone who has already decided to pursue EB-5 but cannot complete the process by September 30, the remaining months of the year are an opportunity to file at today's amount before it changes.

Start With Source of Funds Documentation

For an investor working toward a year-end filing, the single most valuable step to begin now is assembling source-of-funds documentation. Every EB-5 investor has to demonstrate that their capital was obtained lawfully, and that means documenting both the source of the funds and the full path they traveled to reach the investment.

Depending on an investor's financial history, that can involve tax returns, employment and business records, bank statements, property purchase and sale documents, loan and gift documentation, inheritance records, and corporate records. Funds that have passed through multiple accounts or multiple countries usually require still more to establish a complete chain. This is often the most time-consuming part of an entire EB-5 petition, which is exactly why starting early pays off. Working with qualified immigration counsel, and with tax or financial professionals where appropriate, helps surface any documentation gaps well before the petition is assembled rather than in the final rush.

Choose the Project Early

The other step worth taking early is selecting the project itself. This is more involved than simply picking a preferred opportunity. An investor and their advisors typically review the project's business plan, economic analysis, offering documents, capital stack, job-creation projections, and the background of the developer and sponsor as part of due diligence, all of which takes time to do properly.

Once the project is chosen, the investment and subscription process can begin in earnest. Making that decision well before year-end gives the investor, the immigration attorney, and the regional center the room they need to coordinate everything the filing requires, rather than compressing it into December.

Have the Investment Ready to File

Because the applicable investment amount depends on the filing date, it is important not to assume that signing documents or simply intending to invest will preserve the current threshold. The petition has to satisfy the actual EB-5 investment requirements, including that the qualifying capital be invested as the statute and regulations require. Expressing intent is not the same as filing a qualifying petition.

The practical answer is to set a clear funding and filing timeline with counsel and the regional center, with the goal of having the investment, the source-of-funds documentation, the petition forms, and the supporting evidence substantially ready well before the end of December. A last-minute filing leaves little margin if anything needs to be corrected.

Don't Wait for the Exact Increased Amount in 2027

It can be tempting to hold off until DHS publishes the precise 2027 amounts before deciding whether to move. That instinct is understandable, but it works against the investor. Waiting for the final figures leaves considerably less time to prepare a petition that, by its nature, takes months to assemble.

The formula is already set in law, and the current minimums are known: $1.05 million for standard investments and $800,000 for qualifying TEA or infrastructure projects. For an investor who already knows they want to pursue EB-5, the more productive path is to begin preparing now. If the petition can be filed before January 1, 2027, it can be filed under today's amount, which is the outcome the whole exercise is aimed at.

Final Thoughts

Missing the September 30 grandfathering deadline is not the end of the road for a prospective EB-5 investor. The automatic investment increase on January 1, 2027 gives those who have decided to move forward a clear, concrete reason to act before the year is out. The threshold that applies to a petition is fixed by its filing date, so filing before January 1 preserves the current, lower amount, while waiting means paying the adjusted figure once it takes effect. Because a well-prepared petition takes months to assemble, the sensible course is to begin the source-of-funds work, select a project, and set a filing timeline with qualified immigration counsel now, rather than waiting for a final number that will only leave less time to act.

Because your Green Card Shouldn't Take a Lifetime