There is considerable discussion in the EB-5 industry about the September 30 date and what it means for prospective investors. In many conversations, the date is described as a “deadline” for the EB-5 program.
In reality, the situation is more nuanced. The EB-5 program does not end in 2026, but the date has become an important marker for grandfathering protections.
Understanding how grandfathering works can help investors better evaluate the timing of their EB-5 filings.
What Is EB-5 Grandfathering?
The EB-5 Reform and Integrity Act of 2022 (RIA) introduced protections for investors who file while the program is authorized. These protections are commonly referred to as grandfathering.
In practical terms, this means that if an investor files a Form I-526E petition during the period in which the EB-5 regional center program is authorized, their petition generally remains valid even if the program later changes or experiences a lapse.
This provision was introduced to prevent the type of disruptions that occurred in the past when the regional center program temporarily expired and investors were left waiting for congressional reauthorization.
Why September 30, 2026 Matters
While the regional center program itself is currently authorized through September 30, 2027, the grandfathering protection applies to petitions filed on or before September 30, 2026.
This means that investors who file their EB-5 petitions before that date are generally protected under the grandfathering provisions created by the Reform and Integrity Act.
Because preparing an EB-5 petition can take time—particularly when gathering documentation related to source of funds—many investors begin planning well in advance of the filing deadline.
Another Timing Factor: Potential Investment Increases
Another reason timing has become a topic of discussion in the EB-5 market is the possibility of future investment amount adjustments.
Under the Reform and Integrity Act, EB-5 investment thresholds are subject to periodic inflation adjustments. Currently, the minimum investment amount is:
- $800,000 for projects located in targeted employment areas (including rural projects)
- $1,050,000 for projects outside targeted employment areas
Some attorneys expect that the next adjustment could occur around January 1, 2027, which could increase the required investment amount.
While no official increase has been announced, this possibility has become another reason investors are evaluating the timing of their filings.
What This Means for EB-5 Investors
For prospective EB-5 investors, the September 30, 2026 timeline does not represent the end of the program. Instead, it marks an important milestone related to the grandfathering protections introduced by the Reform and Integrity Act.
Investors who file their petitions before that date are generally expected to:
- Benefit from the grandfathering protections under current EB-5 law
- Continue through the EB-5 process even if future legislative changes occur
- File under the current investment thresholds, assuming no earlier adjustments are made
Because EB-5 petitions require careful preparation, understanding the timeline early can help investors plan accordingly.
Exploring EB-5 Opportunities
For investors evaluating EB-5 timing, selecting the right project is just as important as understanding program timelines.
If you would like to learn more about EB-5 Coast to Coast’s current Rural TEA projects, or discuss your individual situation, our team would be happy to connect.
Schedule a free consultation here.
Disclaimer
This article is provided for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any securities. Any investment opportunity will be offered only through the applicable offering documents and in compliance with applicable securities laws.
