September 30 shaped a year of planning. For an investor family beginning the process now, the date that actually governs the decision is January 1, 2027. Most EB-5 conversations in 2026 have revolved around a single date. September 30, 2026 is the last day an investor can file Form I-526E and receive the grandfathering protection written into the EB-5 Reform and Integrity Act (RIA).
For a family that is only now getting serious about EB-5, though, that date is largely academic. A credible petition rests on source and path of funds documentation, project diligence, and subscription and other steps that take months, not days.
What is realistic, and what carries real financial weight, is the date that follows it. On January 1, 2027, the EB-5 minimum investment amounts are scheduled to increase for the first time since 2022. The difference between filing before that date and after it is measured in six figures.
Since the RIA took effect in March 2022, the minimums have been fixed: $800,000 for a project in a rural area, a high-unemployment targeted employment area, or a qualifying infrastructure project, and $1,050,000 for everything else. Those figures hold through December 31, 2026.
Beginning January 1, 2027, the statute requires the amounts to be adjusted for cumulative inflation, measured by the Consumer Price Index for All Urban Consumers (CPI-U), and re-adjusted every five years after that.
What the New Amounts Are Likely to Be
USCIS has not published the adjusted figures, and it cannot finalize them until the inflation data through the adjustment period is complete. Analysts applying the statutory formula generally land in a similar range.
Current amounts are set by statute. The 2027 column shows independent projections of the CPI-U adjustment, not published figures; USCIS has not announced final amounts, and they may land above or below these estimates.
An investor who files on or after October 1, 2026 does so without the RIA's protection against a program lapse. The Regional Center Program's current authorization runs through September 30, 2027, and an extension requires action from Congress. The program has lapsed before (most recently from mid-2021 into early 2022) and pending petitions sat idle while it did.
The EB-5 industry’s general expectation is that reauthorization happens. The program enjoys bipartisan support, the 2022 integrity reforms addressed most of the criticism that preceded them, and the economic case is well documented. It is still an expectation, not a guarantee, and an investor filing this fall should weigh it deliberately and discuss it with an experienced immigration attorney rather than take anyone’s reassurance at face value.
What the Coming Months Should Look Like
For an investor who wants the current amounts, the working timeline runs from now to the end of December. In practice:
- Start source and path of funds immediately. This is nearly always the longest leg of the process, particularly where capital comes from a business sale, property, inheritance, or gifted funds. Bank records, tax filings, and translations move at their own pace.
- Choose the project on its merits, not its speed. Job creation cushion, capital stack position, repayment history, and the sponsor’s track record determine whether this becomes a green card or a problem. A deadline is a poor reason to shortcut diligence – and a well-run offering will not ask you to.
- Consider where the set-asides sit. The RIA reserves 20% of annual EB-5 visas for rural projects, 10% for high-unemployment areas, and 2% for infrastructure, and directs USCIS to prioritize rural petitions in processing. For investors from countries facing long waits in the standard categories, that allocation is often the more consequential decision, and it is available at the same $800,000 amount through year-end.
- Complete the investment and file. The current amount is secured by a properly filed petition backed by a qualifying investment, not by an intention to file.
Final Word
If you are starting the process now, the more useful question is what remains within reach. The answer is straightforward: today’s investment amounts are a known quantity for a little under four months, and the work required to secure them can start as soon as possible.
If you have questions about the EB-5 program, contact our Investor Relations Team to learn more or to discuss your options with an experienced advisor.
This article is provided for informational purposes only and reflects conditions as of September 2026. It does not constitute legal advice. Immigration timelines and program details are subject to change. Please consult a qualified immigration attorney for advice specific to your circumstances.
