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Register free →September 30, 2026, isn’t the end of the line for EB-5 investors; the program’s actually set to continue through September 30, 2027. The EB-5 Regional Center Program 2027 remains in place through 2027, so you can keep filing Form I-526E. Keep an eye on December 31, 2026, because that’s the final day to submit an application before the first automatic inflation adjustment triggers an increase in the EB-5 minimum investment 2026 on January 1, 2027.
Yes. The EB-5 grandfathering cutoff date of September 30 didn’t mark the end of the program. As of October, 2026, here’s the current state of affairs.
The RIAs’ “Protection from Expired Legislation” provision (INA § 203(b)(5)(S)) tells the Department of Homeland Security (DHS) to keep processing regional center petitions that were filed on or before September 30, 2026, even if the program’s authorization expires later. The Department of Homeland Security cannot deny those petitions because of the lapse, and most lawyers read the Protection from Expired Legislation provision as also covering the later I‑829 petition.
The Protection from Expired Legislation provision is a safeguard that applies to this particular situation. This provision does not promise approval, speed up processing times, and relax the rules about source of funds, job creation or project criteria.
Why does this provision conclude a year prior to the program’s expiration? A Senate bill from 2021 (S. 831) aimed to extend the program through 2026, but it did not pass. Although the RIA extended the program until 2027, it maintained the 2026 grandfathering deadline.
How much this matters depends on Congress. Without a lapse, lawmakers extending the program leaves no need for a protection. The 2021–2022 lapse of funding caused a freeze on new regional center filings from June 30, 2021, until March 2022, and this is why a reliable safeguard became a vital consideration. Industry groups are asking for a five-year extension that would go through the year 2032. No action has been taken yet.
This increase happens without any manual intervention. The previously standard $1,050,000 benchmark will be revised to account for CPI-U inflation occurrences starting January 1, 2022, and then rounded down to the nearest $50,000. The TEA and infrastructure amount becomes 75% of its original value. This EB-5 inflation adjustment in 2027 targets petitions that have been filed in the year 2027 or later, and it repeats this process every five years.
The figures provided by DHS are still pending release, and you’re advised to view these numbers as estimates rather than law:
| Source | TEA Minimum | Standard Minimum |
|---|---|---|
| Ganey Law Group | ~$900,000+ | ~$1.2 million |
| Davies & Associates | ~$937,500 | Not stated |
| EB5AN | $937,500 | $1,250,000 |
A higher minimum requires more source-of-funds documentation, following a lawful paper trail for each additional dollar. Don’t rely on official numbers, because the formula is out there for all to see, and petitions usually require weeks to assemble.
DHS’s final fee rule raises both government charges for petitions postmarked on or after November 30, 2026:
| Government Charge | Before Nov. 30 | On/After Nov. 30 |
|---|---|---|
| Form I-526E Filing Fee | $3,675 | $7,850 |
| EB-5 Integrity Fund Fee | $1,000 | $1,100 |
| Total | $4,675 | $8,950 |
This fund covers the government fees only, not the investment, project fees, or even the attorney costs. Make sure you’re aware of the USCIS fee schedule before filing.
| Date | What Happens |
|---|---|
| Sept 30, 2026 (passed) | Regional Center Grandfathering cutoff |
| Nov 30, 2026 | Higher I-526E and Integrity Fund fees begin |
| Dec 31, 2026 | Last day before the inflation adjustment |
| Jan 1, 2027 | First automatic inflation adjustment of the EB-5 minimums |
| Sept 30, 2027 | Current Regional Center Program authorization ends |
A lower minimum of $800,000 applies specifically to projects in targeted employment area (rural or high-unemployment) and qualifying infrastructure projects. Any other investment option demands a minimum of $1,050,000. Whether it’s the direct or indirect route, the investment must generate at least 10 full-time U.S. jobs; using the Regional Center route lets you count indirect and induced jobs. Roughly 90 to 95 percent of applicants use it.
A July 2026 DHS proposed rule would add a $1.4 million “high employment area” tier, tighten bridge financing, strengthen source-of-funds verification, and require regional centers to re-establish eligibility. At this stage, the proposal is still on the table, but it highlights the significance of project location regardless of its potential changes.
When an authorized investor can obtain a green card is determined by visa availability. India’s unreserved category had come to a halt by the end of fiscal year 2026 but then restarted on October 1, 2026, with a cutoff date of December 1, 2023. At the end of the day, China’s unreserved cutoff remained unchanged. The set-aside categories stay current for every country, including India and China.
USCIS has selected the Dates for Filing chart for adjustment of status applications in October 2026. For China, the unreserved cutoff on that chart is March 1, 2021. For India, it is May 1, 2024. All set-asides are still current. Just because you are eligible to apply does not mean that a visa number will be available. The case’s Final Action Date must be current in order for the application to be approved. Since the bulletins are updated every month, make sure to check the most recent one with your attorney before choosing your project category.
Order matters more than speed.
Set deadlines for yourself two months in advance: before the 30th of November to avoid the higher EB-5 filing fees, and before January 1 to qualify for the minimum investment amount.
You can’t fund and file until your entire investment is documented as lawful capital. Your full investment must be recorded as lawful capital before you can fund and file. Tax returns, employment and business records, bank statements demonstrating the flow of funds, loan documentation, property sale documents, and gift or inheritance records can all be examples of this, depending on your past. Additional documentation is required for funds that are transferred across accounts or nations.
Installment funding is a strategy used by certain investors: they sign a subscription agreement, transfer about half, file, and finish the remaining amount within six months. The risks are genuine because an RFE or denial may result from a missed payment or a paperwork gap on any installment. Pay in full before filing if you can, and not every project allows installments.
The EB-5 investment program expired on September 30, 2026, correct? No. That’s the day the grandfathering cutoff occurred. The program is scheduled to terminate on September 30, 2027.
What’s the current EB-5 minimum investment requirement? To qualify for EB-5, you’ll need $800,000 for a TEA or infrastructure projects, and $1,050,000 for a standard project.
Does December 31, 2026 mark a deadline for filing to retain the $800,000 investment amount? A properly prepared I-526E filed before January 1, 2027, can seek to qualify at current amounts. The petition must meet investment requirements at filing.
Is the $1.4 million tier law? No, it’s a proposal only.
Does direct EB-5 have the same deadlines? Direct EB-5 is permanent, but it faces the same January 1, 2027 adjustment.
The EB-5 investment program is still up for grabs until September 30, 2027. The date with the biggest financial impact is December 31, 2026, so aim to file before November 30 and treat December 31 as your outer limit. Begin by getting an experienced immigration attorney on board, followed by a source of funds, and lastly, selecting your projects.
With a deep understanding of the EB-5 visa process, Shoora EB5, a rural TEA project and an Atlanta-based EB-5 investment visa firm, can assist investors in setting a realistic filing timeline and vet projects with real due diligence. Visit shooraeb5.com to schedule a consultation before the January 1, 2027 adjustment.
Disclaimer: This article is for informational purposes only and does not constitute legal, investment, or financial advice. EB-5 rules, fees, and dates may change, and some figures are industry estimates. EB-5 investments involve risks, including potential loss of capital. Consult a qualified U.S. immigration attorney and registered investment advisor before making decisions.