Inside IIUSA D.C.: Key EB-5 Takeaways for 2026 and Beyond

On May 19, 2026, Civitas Capital Group hosted a live webinar translating the insights from the recent IIUSA Industry Forum in Washington, D.C. into real-time strategy for EB-5 practitioners and investors. Mine Ekim, Civitas’ Managing Director, Head of Legal & Investor Experience, moderated a substantive conversation with four leading voices in the EB-5 industry: Belma Demirovic Chinchoy, Jessica A. DeNisi, Joey Barnett, and Rohit Kapuria. Together, the panel covered interconnected topics – from filing momentum and deadline strategy to pricing shifts, execution risk, and the growing role of artificial intelligence (AI) in the EB-5 space.

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1. State of EB-5 Post-Forum: Momentum vs. Reality

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The webinar opened with a clear assessment of the IIUSA forum’s defining theme: “EB-5 is working.” Mine set the tone directly: Activity and durability are not the same thing, and the panel’s job was to separate real momentum from noise.

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Joey pointed to a steady, year-over-year increase in both filings and adjudications since 2022 – approximately 2,000 additional filings per year – as the core data signal. After a slow start following the EB-5 Reform and Integrity Act of 2022 (RIA) passage, the EB-5 machine is now, in his words, “full steam ahead,” with projects filling up quickly and strong investor demand that he does not expect to slow over the coming months. Jessica noted that filings – both for investors and projects – have become more robust since the RIA, a combination of the legislation’s heightened document requirements and practitioners heeding the warnings around adjudication trends. Rohit addressed where capital is actually moving versus where it is merely being marketed. Rural demand remains strong, with no shortage of quality deals entering the market. High unemployment area (HUA) has not seen a meaningful dip either. He also noted approximately 15 active or closed infrastructure deals currently in the market, with South Korea as the most active investor source for that category, and some early movement into the mainland China and India markets. Belma offered a nuanced take on stability versus predictability. The RIA has made EB-5 more stable – through reserved visa categories, concurrent filing, and increased integrity measures – and has shifted investor psychology in a positive direction. Predictability, however, is less about the program in the abstract and more about track record: Regional centers and projects that have navigated EB-5’s turbulent history and delivered outcomes for investors are what lend the program its sense of reliability today.

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2. The Deadlines: Strategy, Not Panic

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The most loaded topic in the room, as Mine framed it, is the 2026 grandfathering deadline and the 2027 reauthorization deadline. The panel’s consistent message: These are not reasons to panic, but strategic variables that require clear thinking about what they actually protect, who they affect, and how to time decisions intelligently.

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Joey reframed the urgency in a useful way: For many investors, the monthly visa bulletin is the more immediately consequential deadline, not September 30th, 2026. His takeaway: File as soon as you can, because that is how you get your place in line. Jessica walked through the biggest misconceptions practitioners are currently correcting around “grandfathering.” The September 30th deadline protects investors from being denied as a result of the legislation lapsing – it does not protect investors from being denied for other reasons. A rushed or incomplete filing can still be denied regardless of when it was submitted. “Putting together a robust, approvable filing is still just as important as it was at any other time.” She also noted that the program continues for another year after September 30th, and IIUSA and others are working hard toward long-term reauthorization beyond that. Belma described how sophisticated investors are actually timing their decisions: Assessing immigration readiness, source and path of funds readiness, and project quality before making any move. The framing she uses with clients is direct – you could rush to a denial; what is the point? Investors who are not yet in a position to file a successful petition should not be filing simply to meet a deadline. Rohit offered a measured optimism on reauthorization: The EB-5 program retains bipartisan support and generates sufficient economic interest to remain a viable legislative priority.

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3. Supply vs. Demand: Is EB-5 Heading Into a Surge?

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The conversation then turned to what happens when deadline pressure and pricing pressure converge simultaneously. As Mine put it, a surge does not just affect filing volume – it stresses the entire ecosystem, including regional centers, legal/compliance teams, U.S. Citizenship and Immigration Services (USCIS) adjudication capacity, and investors making decisions faster than they probably should.

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Joey pointed to two early indicators already visible in the market: EB-5 projects filling up before their I-956F adjudication, and regional centers issuing 10-day ultimatums to hold investor spots. Both signal genuine demand pressure that is only likely to intensify as the grandfathering deadline approaches. Jessica addressed where professional standards are holding firm under volume pressure. With adequate time still available before this deadline, a case starting today can be well-prepared. The consistent message: Good preparation is always the priority, regardless of external deadline pressure. Rohit noted that the EB-5 industry has weathered prior sunset rushes (most memorably in 2019) and the ecosystem today has a steady, parallel clip of escrow agents, fund administrators, banks, and issuers all moving together. The more meaningful risk, in his view, is not operational overload, but the industry fracturing into competing factions. The unified front the industry has maintained since the RIA is its greatest structural asset: “As long as the industry stays together, which they seem to be at the moment, we should be fine.” Belma observed that client behavior is bifurcating under time pressure: Some investors are becoming more flexible and forgiving due to urgency, while others are growing more disciplined and cautious. A concerning signal she is seeing more frequently: Less sophisticated clients opening conversations by asking how quickly their case can be filed – a sign, she noted, that they are not yet ready for the diligence process that a successful EB-5 petition actually requires.

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4. Pricing & Policy Shifts: 2027 and Beyond

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The investment threshold is anticipated to increase from $800,000 to approximately $930,000 – a jump that may have behavioral implications. The panel explored how that number is already shaping decisions today.

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Rohit addressed how a higher investment threshold reshapes EB-5’s global competitiveness relative to other residency-by-investment programs. Joey agreed that some rush tied specifically to avoiding the price increase is likely – no one wants to pay more for the same thing – but that other pressures are more consequential. Jessica did not foresee the price increase materially changing project quality or investor preparedness. Well-structured and well-documented projects will continue to be brought to market regardless of the threshold. Belma shared what she is already hearing from clients: Very little focus on the anticipated increase, consistent with her colleagues’ assessments. She did note that the increase may price out a narrow segment of borderline investors (those for whom $800K was already a stretch), but this is not where the majority of current clients are focused, and she does not expect it to have a major impact on 2027 filings and beyond.

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5. Risk Zone: Where Deals Go Wrong

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This section, as Mine noted, deserves close attention from every practitioner. When deadline pressure, a price increase, and a filing surge converge, the conditions for serious mistakes become nearly ideal. The panel identified the specific fault lines where execution breaks down.

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Joey noted an important shift in USCIS posture worth monitoring: The agency has increasingly scrutinized investors who are actively in the process of investing at the time of filing, with some cases resulting in denials without requests for evidence (RFEs) or notices of intent to deny (NOIDs). Rohit addressed what makes a project structurally not ready for an I-956F filing. Jessica named the number one mistake she is seeing in 2026 filings: The pressure to rush and submit an incomplete I-526E or I-956F. Adjudications have become more rigorous than they were even six months ago, and practitioners should be prepared for the possibility of a NOID or denial where previously there would have been an opportunity to respond and cure. Her message was consistent with the day's broader theme: A denial is never the outcome anyone is working toward, and a well-prepared filing is always worth the extra time. Belma echoed this, noting that a denial can create priority date and timing complications that are difficult for investors to recover from.

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6. AI in EB-5: Efficiency, Risk, and Control

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AI is already present across the ecosystem: In how investors conduct due diligence, how attorneys streamline filings, and increasingly in how USCIS itself is approaching adjudication patterns and notice generation. The critical question is whether the people using it understand where it helps and where it misleads. Joey focused on the USCIS side. He described noticing a shift in the cadence and formatting of certain agency notices – language that does not fit the expected script and appears AI-generated. On the investor side, he described AI as a genuine asset when used well. Belma described both productive and counterproductive uses among her clients.

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7. Takeaways: What Should Investors Do Now?

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The webinar closed with a rapid-fire round, with Mine asking each panelist the same question: If an investor is deciding in the next 30 days, what should they do, and what should they avoid?

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Belma, Jessica, Joey, and Rohit each offered concrete, practitioner-grade guidance – reflecting the depth of the preceding conversation and the practical stakes facing investors and their advisors right now. The consistent thread: Preparation quality matters more than timing perfection. Rushing a poorly prepared filing to beat a deadline creates more risk than a thoughtful filing submitted slightly later. Work with experienced professionals. Understand exactly what you are committing to and why.

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Thank you to our exceptional panelists – Belma, Jessica, Joey, and Rohit – for an honest and practical conversation and to everyone who joined us on May 19. We look forward to continuing this conversation at our next event!

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