Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

Since its inception in the 1990s, the EB-5 Regional Center Program has served as one of the most effective pathways for global investors seeking permanent residence in the United States. Today, many EB-5 investors are obtaining green card approvals within approximately one year of initiating the process, a notably expedited timeline in the current US immigration landscape. This can be particularly advantageous for nationals of countries such as India and China, who often face significant backlogs in traditional employment-based immigrant visa categories.

However, for prospective investors, speed is only one consideration. Long-term certainty is equally important. Historically, the EB-5 Program has been subject to periodic congressional reauthorization and has experienced lapses and uncertainty regarding its future. As a result, investors have often sought assurances that their immigration benefits will remain protected even if the program is modified, suspended, or otherwise affected by future legislative or regulatory changes. Recognizing these concerns, Congress included important investor protections in the EB-5 Reform and Integrity Act of 2022 (RIA).

What are the RIA grandfathering provisions?

The RIA contains specific grandfathering provisions that protect individual investors under current law in the event of subsequent programmatic, legal or regulatory changes that may otherwise affect the viability of the EB-5 Program.

In enacting the RIA, Congress ensured that investors making a significant capital contribution through EB-5 would be protected. In essence, these grandfathering provisions of the RIA shield investors who file under the current law and provide legal certainty for their ability to obtain permanent residency through the current program.

Why September 30, 2026 matters

Why is this important? These provisions are set to expire on September 30, 2026. Applications filed after September 30 may not be afforded insulation from future political uncertainty and risk.

Under the grandfathering provisions of the RIA, EB-5 I-526 and I-526E petitions filed by September 30 are legally protected, and the USCIS and Department of State are required to continue to process and adjudicate EB-5 applications, regardless of whether the EB-5 Program is terminated or lapses through Congress’ failure to reauthorize the program.

For prospective investors, these provisions provide a significant degree of certainty in an immigration landscape that is often subject to change. By filing before the September 30 deadline, eligible investors can secure the benefit of these protections and reduce exposure to future program-related uncertainty.

File early to preserve protection and certainty

While pursuing an EB-5 investment requires careful planning and a significant financial commitment, prospective investors should be mindful of the September 30, 2026 grandfathering deadline when evaluating their options. Investors who file before that date may benefit from important statutory protections that provide greater certainty regarding the continued processing and adjudication of their applications, even in the event of future programmatic, legislative or regulatory changes.

Given the potential for future visa demand, processing delays and changes to the EB-5 landscape, individuals considering the EB-5 pathway are encouraged to assess their eligibility and filing timeline well in advance of the deadline.

Need to know more? 

For questions related to EB-5 program, please contact Partner Rahul Soni at [email protected].

This blog was published on June 23, 2026, and may be subject to change. Updates may occur as policies evolve. To stay informed on the latest immigration news and analysis, please subscribe to our alerts and follow Fragomen on  LinkedIn, Facebook and Instagram.