Understanding the EB-5 Deadlines: What September 30, 2026 and 2027 Really Mean

As the EB-5 Immigrant Investor Program continues to evolve under the 2022 Reform and Integrity Act (RIA), we’ve received many questions from investors about the program’s “deadlines.”

Some sources mention September 30, 2026, while others refer to September 30, 2027, leaving many investors unsure about what these dates actually mean and how they might affect their immigration plans. These are valid concerns, especially for investors currently on H-1B, EB-2, or EB-3 visas who see EB-5 as a stable path toward U.S. permanent residency.

Here’s a simple, clear breakdown of what you should know, and why there’s still a strong reason for confidence in the EB-5 program.

The Two Key Dates Explained

September 30, 2026: The “Grandfathering” Deadline

Under the RIA, any EB-5 investor who files their I-526E petition on or before September 30, 2026 will be fully protected, even if the EB-5 Regional Center Program later expires. That means:

●        USCIS must continue to process your case.

●        Visa numbers remain available for you and your family.

●        Your petition cannot be denied simply because Congress fails to reauthorize the program.

In short, filing before this date locks in your protection and removes uncertainty tied to political renewal cycles.

September 30, 2027 — The Program’s Expiration Date

This is the current authorization period for the EB-5 Regional Center Program under the RIA. This is the date the EB-5 Regional Center Program itself is set to expire. Investors can still file I-526E petitions between October 1, 2026, and September 30, 2027, but:

●        Those petitions are not “grandfathered.”

●        If Congress does not extend the program beyond 2027, these later filings could be paused or canceled.

So, while it’s technically possible to invest and file until September 30, 2027, those doing so after September 30, 2026 will face greater exposure to future policy changes.

Why “Grandfathering” Matters

When the EB-5 Regional Center Program last lapsed in 2021, thousands of investors were left in limbo — unable to move forward with immigration processing and unable to withdraw their capital. The RIA’s “grandfathering” rule was created specifically to prevent this from happening again.

That experience led to major reforms under the RIA — including the introduction of the grandfathering protection investors have today. It’s the single most important safeguard to prevent history from repeating itself.

Filing before the 2026 deadline ensures that your petition continues to move forward even if Congress delays reauthorization, keeping your immigration pathway secure.

What This Means for Investors Today

For serious investors, the next 12 months represent an important window of opportunity:

●        Filing before September 30, 2026 gives you full protection under federal law.

●        Waiting until after may still be possible, but carries some risk if the program faces another renewal gap.

●        The EB-5 program remains a proven, federally backed path to U.S. permanent residency — especially for investors from backlogged countries like India, where EB-2 and EB-3 green card delays can span decades.

If you are currently weighing your options or in the process of selecting a Regional Center project, now is the time to:

●        Begin due diligence on EB-5 projects that fit your investment goals.

●        Confirm TEA eligibility or job creation requirements.

●        Coordinate with your immigration attorney to ensure all documentation is ready well before the deadline.

A Balanced Perspective

While it’s natural to feel concerned about changing immigration programs, it’s equally important to note that:

●        Congress has renewed the EB-5 Regional Center Program multiple times since its creation in 1993.

●        The program continues to enjoy support for its economic benefits — particularly in rural and high-unemployment (TEA) areas that generate U.S. jobs.

●        The 2022 reforms have strengthened transparency, compliance, and investor protections across the board.

Final Takeaway

If you’re considering the EB-5 route, the most prudent approach is to treat September 30, 2026 as your real deadline. Filing by that date ensures your petition is grandfathered and secure — no matter what happens politically in 2027.

At EB-5 USA, we’re closely following developments and remain confident that the program will continue to serve as a vital part of America’s investment-based immigration system.