What happens to EB-5 investors if the Regional Center Program is not reauthorized after September 2027? The answer depends in part on when the investor’s qualifying petition was filed. Regional center petitions filed on or before September 30, 2026 receive statutory protection against a future lapse. Later filings do not receive that same express protection under current law.
September 30, 2026 is the grandfathering cutoff. The Regional Center Program remains authorized through September 30, 2027. Investors should also distinguish that cutoff from a November 2026 filing-fee change and a January 2027 investment adjustment.
Prepared from input provided by Chien-Yu (Michael) Wang, Managing Attorney of Wilner & O’Reilly’s Sacramento office. Information current as of September 30, 2026.
What EB-5 Grandfathering Protects
The EB-5 Reform and Integrity Act of 2022 added protection from expired legislation. For qualifying regional center petitions filed by the cutoff, the government must continue processing, cannot deny solely because the authorization expires, and cannot suspend or terminate visa allocation to beneficiaries of approved protected petitions on that basis.
This protection does not guarantee petition approval, an immediately available visa, or repayment of invested capital. A legislative lapse and a problem with a particular project or regional center are different issues.
What If You File After September 30, 2026?
Filing after the cutoff is still possible while the program is authorized. If Congress does not extend it beyond September 30, 2027, later regional center filings face uncertainty without the same statutory lapse protection. The result would depend on legislation and government implementation at that time.
Do not assume that a pending case would automatically be approved, denied, or refunded if authorization expires. Before committing capital, discuss the filing timeline, project terms, and possible immigration alternatives with counsel. Standalone EB-5 is a separate pathway from the Regional Center Program and requires its own eligibility analysis.
Four EB-5 Dates to Keep Separate
| Date | What it means |
|---|---|
| September 30, 2026 | Last date covered by the current regional center grandfathering provision. |
| November 30, 2026 | New EB-5 filing-fee rule takes effect for requests postmarked on or after this date. |
| January 1, 2027 | First statutory inflation adjustment to minimum investment amounts is scheduled. |
| September 30, 2027 | Current Regional Center Program authorization ends unless Congress extends it. |
New EB-5 Filing Fees Begin November 30, 2026
DHS published its final EB-5 fee rule on September 30, 2026. It establishes an initial Form I-526E fee of $7,850, including a $75 technology fee, plus a separate $1,100 investor Integrity Fund fee. Form I-526 for a standalone investor is $7,615, including the technology fee; Form I-829 to remove conditions is $5,000.
These government fees are separate from investment capital, legal fees, and project charges. Check the applicable USCIS fee schedule and filing instructions when submitting a petition. September 30 publication does not make the new fees effective that day.
Minimum Investment Amounts Are Scheduled to Adjust in 2027
The current statutory minimums are $1,050,000 for a standard investment and $800,000 for a qualifying targeted employment area or infrastructure investment. Under 8 U.S.C. § 1153(b)(5)(C), adjustments begin January 1, 2027 and recur every five years.
The standard amount is indexed using the specified CPI-U measure and rounded down to the nearest $50,000. The reduced amount becomes 75 percent of the adjusted standard amount. DHS must publish a technical amendment with the updated amounts. An estimate is not a finalized investment threshold; confirm the applicable amount for the petition’s filing date.
What Investors Should Review With Counsel
- Filing evidence: Keep the complete petition, receipt notice, and delivery records. Signing project documents or transferring funds alone is not the same as filing a petition.
- A complete budget: Separate government fees, investment capital, legal fees, administrative charges, and later-stage costs.
- Project documents: Ask how the offering addresses delays, legislative changes, investment risk, and repayment. Have investment risks reviewed by an appropriately qualified adviser.
- A family immigration plan: Review each family member’s status and timing, rather than assuming a pending EB-5 petition resolves every immigration issue.
Frequently Asked Questions
Does the Regional Center Program end on September 30, 2026?
No. That is the current grandfathering cutoff. Program authorization runs through September 30, 2027.
Can I still file an I-526E after the grandfathering deadline?
Yes, while the program remains authorized, but a later petition lacks the same express protection against a future lapse. Review the timing and risks before proceeding.
Do grandfathered investors still need to meet EB-5 requirements?
Yes. Protection from a legislative lapse does not waive eligibility requirements or guarantee an immigration or financial outcome.
Are the filing-fee and investment increases the same change?
No. The final fee rule takes effect November 30, 2026. The investment adjustment is separately scheduled for January 1, 2027.
Discuss Your EB-5 Filing Strategy With Wilner & O’Reilly
Every investor’s situation is different. Michael Wang and Wilner & O’Reilly’s investor immigration team can help evaluate the filing timeline and documentation. Contact Wilner & O’Reilly to discuss your options.
This article provides general information and is not legal or investment advice. Laws, fees, and agency guidance may change. Obtain advice specific to your circumstances before filing or investing.
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