September 30, 2026 is closing in, and it’s become the most talked-about date in the EB-5 industry. But one thing is clear: it doesn’t mark the end of the program — and understanding what it actually does requires separating it from the two other dates that matter just as much over the next 12 months.
September 30, 2026: The Grandfathering Deadline
The EB-5 Reform and Integrity Act of 2022 built in a grandfathering provision: investors who file their I-526E and establish a priority date before September 30, 2026 are protected if the Regional Center Program lapses at some future point. USCIS is required to continue processing a grandfathered petition through any future lapse — it cannot be suspended or returned. The program lapsed once before, in 2021, for roughly eight months. Grandfathered investors are insulated from a repeat of that scenario. Investors who file after September 30 are not.
One thing worth noting: grandfathering is tied to your I-526E filing and priority date — not a signed subscription agreement, and not a project’s I-956F approval. If you’ve committed capital but your petition hasn’t been filed with USCIS, you’re not grandfathered. Confirm directly with your attorney where your filing timeline stands.
What September 30 does not do: it doesn’t eliminate the reserved visa categories, it doesn’t close the program to new investors, and it doesn’t change the $800,000 investment minimum. That last point leads to the next date on the calendar.
January 1, 2027: The Investment Threshold Increase
The minimum investment for Rural TEA and High Unemployment TEA projects is $800,000 — and that figure doesn’t change on October 1. The date that puts the $800,000 threshold at risk is January 1, 2027. Under the RIA, investment minimums are set to adjust for inflation starting that date, with further adjustments every five years after that.
The exact new figure hasn’t been published as final regulation, but immigration attorneys are already putting numbers on it. Ann Massey Badmus of Badmus & Associates anticipates the TEA minimum will jump from $800,000 to approximately $940,000, an increase of more than $100,000. This deadline is separate from grandfathering and applies to all investors regardless of filing status — if you haven’t invested by January 1, the amount you need to commit goes up. For investors who are still evaluating the program after September 30, this is the financial deadline that should be driving their timeline.
September 30, 2027: Program Reauthorization
This is arguably the most consequential date of the three. The Regional Center Program — along with the Rural, High Unemployment, and Infrastructure set-aside categories — is authorized through September 30, 2027. If Congress doesn’t reauthorize by then, the reserved categories sunset. The separate queues, priority processing, and lower investment threshold that rural and high-unemployment TEA projects currently provide would all disappear with them.
For investors from mainland China and India, where the reserved category provides a separate, shorter visa queue, a sunset could mean returning to the general backlog and potentially adding years to their path to a Green Card. And without reserved categories, the $800,000 minimum reverts to the standard $1,050,000 — a $250,000 increase on top of whatever the January 2027 inflation adjustment brings.
The program has bipartisan support and has been reauthorized through every prior sunset date since its creation. The EB-5 industry — including leading immigration attorneys and regional centers — broadly expects Congress to act before the 2027 expiration, and there is no serious legislative movement toward letting the program lapse. That said, reauthorization isn’t confirmed, and the structure of any extension could change how the set-aside categories are defined or funded. Grandfathering protects individual petitions already on file — it does not determine whether the program gets reauthorized in 2027, and it does not preserve access to the set-aside categories if the structure changes materially.
Key Takeaways
- September 30, 2026 is a filing protection deadline. Investors who file an I-526E and establish a priority date by this date are protected against a future program lapse. It does not sunset the reserved categories and does not close EB-5 to new investors.
- January 1, 2027 is when the $800,000 TEA investment threshold adjusts for inflation, independent of grandfathering and program reauthorization.
- September 30, 2027 is when the Regional Center Program and its reserved set-aside categories come up for reauthorization. This is the date that determines whether the structure investors are relying on today continues to exist.
- Investors who file after September 30, 2026 lose the grandfathering protection but retain access to TEA projects and reserved categories through September 30, 2027.
Speak to Our Team
EB5 Coast to Coast is one of the largest Regional Center operators in the United States, with 12+ USCIS-approved Regional Centers and more than 1,000 investors who have participated in projects we’ve sponsored since 2012. All of our current offerings — The Pines of Grass Valley, All Points North, and Fidium Rural Broadband — are rural TEA projects qualifying for reserved category access and priority I-526E processing.
If you have questions about where your timeline stands relative to any of these three dates, we’re happy to walk you through it. Contact our team to explore our current projects or talk through your situation.
Disclaimer: This update is provided for informational purposes only and does not constitute legal or investment advice. Visa availability is subject to change, and individual circumstances may vary. Prospective investors should consult with qualified immigration counsel and review all offering documents before making any investment decision.
