At Civitas, we have seen a marked increase in inquiries from prospective EB-5 investors in recent months. One of the first questions nearly all of them ask is about this year’s grandfathering deadline of September 30, 2026, now just weeks away. Many are working to time their filing date and investment decisions around that date. It is worth taking a closer look at what that deadline means and why it matters so much to potential EB-5 applicants.
The EB-5 Reform and Integrity Act of 2022 (RIA) is the governing legislation authorizing the Regional Center Program within the broader EB-5 Immigrant Investor Program. Under its current provisions, the authorization is scheduled to sunset on September 30, 2027.
Notably, the RIA includes a “grandfathering” provision at INA § 203(b)(5)(S), titled “protection from expired legislation,” which addresses regional center petitions filed on or before September 30, 2026. For those petitions, the statute directs that processing continue, that a petition not be denied, and that visa allocation to beneficiaries of approved petitions not be suspended or terminated, on the basis of an expiration of the program’s authorization. Petitions may still be filed after September 30, 2026 while the program remains authorized, but the protection described above is written to apply to petitions filed on or before that date. Grandfathering addresses only the consequences of a lapse in the program’s authorization. It does not guarantee that a petition will be approved, shorten processing times, or affect visa availability or per-country backlogs.
The Deadline
How does this affect a prospective investor’s EB-5 preparation process as she or he decides when best to apply – that is, whether to try to beat the September 30, 2026 deadline?
It remains standard practice that the preparation process should aim to eliminate anything that might lead the reviewing agency, U.S. Citizenship and Immigration Services (USCIS), to deny the I-526E petition (the “Immigrant Petition by Regional Center Investor”). An applicant can still file this EB-5 petition after the 2026 deadline while the program remains authorized, and a rushed petition naturally carries a greater risk of denial for lack of adequate preparation. In plain terms, it can be counterproductive to file a hastily or incompletely prepared petition simply to meet the grandfathering deadline.
The most substantial preparation for a complete petition typically concerns the source of funds, which can be a complex process to describe and document fully. This is especially so with intricate structures involving multiple gift donors, particularly family members. International records, tax filings, and business ownership history each add a layer that USCIS must examine, and that accordingly requires adequate documentation at the filing stage. A Request for Evidence (RFE) from USCIS, prompted by ambiguities during the adjudication stage, can delay the entire process.
Additional Considerations
The grandfathering deadline is not the only EB-5 issue that potential investors should be up to speed on. Other relevant matters include the operation of concurrent filing and priority processing for rural projects.
Concurrent filing permits certain applicants already lawfully present in the United States to file an adjustment of status application at the same time as the I-526E petition, rather than waiting for that petition to be adjudicated first. Eligibility depends on visa availability and on the applicant’s individual immigration status, so it does not apply to every investor.
The RIA established a priority processing mandate for petitions associated with projects in designated “rural” areas. This is a statutory processing preference, not a guarantee of any particular adjudication timeline or outcome.
EB-5 does not require employer sponsorship, and a spouse and unmarried children under 21 may be included as derivative beneficiaries, subject to the applicable eligibility requirements.
If you have questions about the EB-5 grandfathering deadline or how it may affect your timeline, 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 August 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.
