September 30, 2026 is the most important date in the EB-5 calendar right now. It marks the grandfathering deadline under the EB-5 Reform and Integrity Act of 2022 — and it has major implications for every investor considering the program. This article explains exactly what the deadline means, who it affects, and what you should do before it arrives.
⚠ Time Sensitive: As of June 2026, fewer than 90 days remain before the September 30 grandfathering deadline. Preparing and filing an I-526E petition takes time. If you are considering EB-5, act now.
The EB-5 Reform and Integrity Act of 2022 (RIA) was signed into law as part of the Consolidated Appropriations Act of 2022. It represented the most significant overhaul of the EB-5 program since its creation in 1990, introducing sweeping changes designed to modernize the program, improve investor protections, and address long-standing abuses.
Key reforms introduced by the RIA include:
The RIA created a better, more transparent, more investor-protective version of the EB-5 program. The grandfathering deadline determines how long these protections are guaranteed to apply to new petitions.
The term "grandfathering" refers to a legal protection that guarantees petitions filed before a certain date will be adjudicated under a specific set of rules — regardless of what changes may occur in the law after that date.
In plain terms: petitions filed before September 30, 2026 are guaranteed to be adjudicated under the current RIA rules. This means USCIS is legally required to evaluate these petitions according to the rules that investors know and have planned around.
Petitions filed after September 30, 2026 carry no such guarantee. They may be subject to whatever rules Congress enacts as part of the Regional Center Program's reauthorization — rules that have not yet been written, negotiated, or finalized. The landscape for post-deadline petitions is genuinely uncertain.
Last day to file an I-526E petition that is guaranteed adjudication under current RIA rules. After this date, no such guarantee exists for new filings.
Congress is expected to act on EB-5 reauthorization before or around the program expiration. Industry groups are advocating for alignment of the grandfathering and program expiration dates.
The Regional Center Program requires Congressional reauthorization by this date. The industry is broadly optimistic about reauthorization — but optimism is not a legal strategy.
If you file an I-526E petition after the September 30, 2026 deadline, your petition will not be protected by the RIA grandfathering provision. This does not necessarily mean your petition will be denied or that the program will not exist — the Regional Center Program is expected to be reauthorized by Congress.
However, it does mean that the specific rules, procedures, and protections that apply to your petition could differ from what exists today. Reauthorization legislation typically introduces changes — to investment thresholds, Regional Center requirements, job creation calculations, or other program elements. Investors who file after the deadline may find themselves subject to rules that are more burdensome, more costly, or less certain.
The prudent course is clear: file before the deadline if at all possible.
"We are optimistic the program will continue — but we've been through enough reauthorization cycles to know that optimism alone is not a strategy. Clients who file before the deadline protect themselves regardless of what Congress does." — Owais Qazi, Immigration Lawyers of America
There are active efforts within the EB-5 industry to persuade Congress to align the grandfathering deadline with the Regional Center Program expiration date of September 30, 2027. This would extend the grandfathering protection by one year.
However, as of June 2026, no legislation extending the grandfathering deadline has been passed. Relying on a possible extension that may not materialize is a significant legal and financial risk. The only certain protection is to file before September 30, 2026.
Preparing a thorough, well-documented I-526E petition takes time. The timeline from initial consultation to petition filing typically ranges from 60 to 120 days, depending on the complexity of your source of funds, the time required to gather documentation, and the Regional Center project you select. With fewer than 90 days until the deadline, the time to begin is immediately — not next month.
Steps that take time include:
Fewer than 90 days remain before the September 30, 2026 grandfathering deadline. Schedule your free consultation with Owais Qazi today.
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