EB-5 for investors · Planning update
One deadline passed. One ahead.
From September 30, 2026 to January 1, 2027: what the next EB-5 investment-planning date means for filing strategy and visa timing.
Published October 6, 2026 · Investment Green Card
What changed – and what did not
September 30 was a protection deadline, not a closing date.
The September 30, 2026 statutory filing date has passed, but EB-5 remains open to new investors. The Regional Center Program remains authorized through September 30, 2027, and USCIS continues to accept investor petitions.
The distinction matters. The statute provides continued-processing and related lapse protection for covered investor and removal-of-conditions petitions filed on or before September 30, 2026. Investors who file after that date can still proceed while the program is authorized, but those later filings do not carry the same express protection against a future lapse.
For investors beginning the process now, January 1, 2027 carries the most practical weight. That is when the statute schedules the first inflation-based adjustment to the minimum investment amounts since the 2022 reform legislation.
Four issues to evaluate now
The calendar matters. The record matters more.
Grandfathering protection
The statutory protection applies to qualifying regional-center petitions filed on or before September 30, 2026. The program itself remains authorized through September 30, 2027.
Investment adjustment
The minimum amounts are scheduled to adjust for inflation on January 1, 2027. DHS must publish the official figures in a technical amendment.
Completeness, not just speed
A petition must be properly completed and supported. Rushing a partial package can create rejection, request-for-evidence, or denial risk.
Category and chargeability
Reserved categories are currently listed as current, while unreserved China and India carry cutoff dates. The Visa Bulletin can change each month.
The January 1, 2027 adjustment
The increase is scheduled. The official dollar amounts are not yet final.
Current standard minimum investment amount.
Current minimum for a qualifying targeted-employment-area or infrastructure investment.
The first statutory adjustment date in 2027.
How Congress structured the adjustment
The standard amount will adjust using the cumulative change in the Consumer Price Index for All Urban Consumers from January 1, 2022, then be rounded down to the nearest $50,000. The targeted-employment-area and infrastructure amount will equal 75% of the adjusted standard amount.
Third-party forecasts may help with planning, but they are estimates. The controlling figures will be those published by the Department of Homeland Security in the Federal Register. The statute states that adjusted amounts apply to petitions filed on or after the effective date of the adjustment.
Filing before the adjustment
A receipt date does not cure a weak record.
Investors considering the current investment amounts should work backward from January 1 – not forward from late December.
USCIS’s Form I-526E instructions state that, after accepting a petition, the agency checks it for completeness, and that a petition that is not properly completed may be rejected or denied. USCIS generally assigns the filing date when it receives a properly filed request; a rejected filing does not preserve that date. A separate DHS rule changes EB-5 filing fees on November 30, 2026, so the fee in effect on the filing date should also be confirmed. A filing strategy should account for the full record, including:
- the investor’s lawful source and path of funds;
- the subscription and offering documents;
- the regional center and Form I-956F project record;
- the required investment transfer and traceable documentation; and
- family, admissibility, and visa-availability considerations.
October 2026 Visa Bulletin
Current does not mean permanent.
Visa availability can materially affect the timing of conditional residence even after a petition is filed or approved.
Current across listed chargeability areas
In the October 2026 Visa Bulletin, rural, high-unemployment, and infrastructure set-aside categories are listed as current for all chargeability areas shown.
China and India remain date-controlled
The October 2026 final-action chart lists December 1, 2016 for China and December 1, 2023 for India; the other listed chargeability areas are current.
Frequently asked questions
Planning after September 30.
Is the EB-5 Regional Center Program still open after September 30, 2026?
Yes. The Regional Center Program remains authorized through September 30, 2027. September 30, 2026 was the statutory filing date tied to continued-processing protection if the program later lapses; it was not the program’s closing date.
When are EB-5 minimum investment amounts scheduled to change?
The statute directs an automatic inflation adjustment beginning January 1, 2027. The standard amount is adjusted using cumulative CPI-U change and rounded down to the nearest $50,000; the targeted-employment-area and infrastructure amount becomes 75% of the adjusted standard amount. DHS must publish the updated figures in a technical amendment.
Does filing before January 1, 2027 keep the current EB-5 investment amount?
The statute states that adjusted amounts apply to petitions filed on or after the effective date of the adjustment. To rely on the current amount, a petition should be properly filed and received by USCIS before the adjustment takes effect. A rejected filing does not preserve the earlier date.
Are EB-5 set-aside visa categories current?
In the October 2026 Visa Bulletin, the rural, high-unemployment, and infrastructure set-aside categories are current for all listed chargeability areas. Visa availability changes monthly and individual timing depends on chargeability, category, priority date, and case posture.
Plan before the calendar decides
Discuss an EB-5 filing strategy.
A consultation can identify the evidence, investment timing, visa category, and project questions that deserve review before capital moves or a petition is filed.
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