From Temporary to Permanent: An EB-5 Guide for H-1B Professionals
Part 2 of 4
For skilled foreign professionals on H-1B visas, immigration planning has always required thinking ahead. But three deadlines converging in the next 18 months make this a particularly consequential moment for anyone considering the EB-5 investor visa as a path to permanent residency.
The EB-5 program allows foreign nationals to invest $800,000 in a qualifying U.S. project and, upon meeting job creation requirements, obtain a green card. Under the Regional Center Program (by far the most common structure), that investment is managed through a licensed regional center like CanAm Enterprises, making it a relatively passive process well-suited to professionals who are fully engaged in their careers. What has changed recently is how much the timing of that investment matters.
Three deadlines (one in September 2026, one in January 2027, and one in September 2027) are creating a window that practitioners in this space describe as closing. Understanding each deadline is the first step to deciding whether to act before it does.
Deadline One: September 30, 2026 and the Grandfathering Expiration
The EB-5 Reform and Integrity Act, passed by Congress in March 2022, included a grandfathering provision that protects investors who file before September 30, 2026 from any future lapse or sunset of the EB-5 program. In practical terms: if you file your I-526E petition before that date, your petition will continue to be processed and adjudicated regardless of what happens to the program’s authorization status after September 2027.
The EB-5 program has lapsed before. Between 2021 and 2022, a lapse of several months left investors in limbo, with petitions stalled and timelines extended. The grandfathering provision was designed to prevent that outcome for future investors. Filing before September 30, 2026 locks in that protection.
Investing after that date remains possible. But the protection does not carry forward. As one immigration attorney working in the EB-5 space put it: “I have never had anyone tell me they wished they had waited longer to do EB-5.”
Deadline Two: January 2027 and the Investment Amount Increase
The RIA built an inflation adjustment mechanism directly into the EB-5 program. The current investment amount for targeted employment area (TEA) projects (the most common structure, covering rural areas and high-unemployment urban areas) is $800,000. In January 2027, that amount will increase by an inflation-adjusted index. Based on current projections, the increase is expected to add $130,000 to $140,000 to the required investment.
This is not a proposed change or a policy under discussion. It is written into the statute. Investors who commit before the adjustment take effect lock in the current $800,000 amount. Those who wait will face a materially higher entry point, with no corresponding change in the immigration benefit.
Deadline Three: The Concurrent Filing Window Is Closing
For H-1B holders specifically, there is a third deadline that may be the most consequential of all.
The RIA introduced concurrent filing for the first time in the EB-5 program’s history. H-1B holders who are in lawful status in the United States can now file their I-526E investment petition and their I-485 adjustment of status application at the same time, provided that a visa number is currently available in their EB-5 category. Filing concurrently also unlocks two immediate benefits: an Employment Authorization Document (EAD) that provides independent work authorization, and advance parole that allows travel in and out of the United States without going through consular processing.
Right now, all EB-5 set-aside categories (rural, high-unemployment area, and infrastructure) are current, meaning visas are available and concurrent filing is open to eligible investors. That will not remain true indefinitely. As petition volumes rise and adjudications accelerate, final action dates are expected to emerge in the EB-5 categories. Industry analysts estimate this could happen as early as the second half of fiscal year 2026 or into 2027. When a final action date appears in an investor’s category, concurrent filing is no longer available to them.
For an H-1B holder facing employer uncertainty, a layoff, or a lottery miss, the concurrent filing window is what makes EB-5 a genuine safety net rather than a long-term plan. Closing that window changes the calculus significantly.
How Much Time Is Actually Left?
Four months is enough time to complete the EB-5 process before the September 30 deadline. The steps involved are: consulting an immigration attorney, documenting a lawful source of funds, selecting a qualifying project, and filing the I-526E and I-485 concurrently. For investors with U.S.-based income, source of funds documentation tends to be more straightforward than for funds earned abroad, which can accelerate the timeline.
Three months is workable. Two months is tight. One month is very difficult. EB-5 is a multi-step process: the I-526E, source of funds documentation, medical reports, adjustment of status forms, and project selection all require time and careful preparation. USCIS scrutinizes filings closely, and gaps or errors in documentation can cause delays.
One common mistake is treating these steps as sequential rather than parallel. Waiting to finish source of funds documentation before engaging an attorney, or waiting to choose a regional center before starting the immigration paperwork, compresses the timeline unnecessarily. The right approach is to begin all three tracks at once: immigration attorney, source of funds, and regional center engagement. the same time.
What to Do Now
For H-1B professionals who have been considering EB-5, the convergence of these three deadlines makes a strong case for acting this summer rather than later in the year. The program is expected to be reauthorized beyond 2027. It has bipartisan support and has been extended many times since its inception in 1990. But the grandfathering protection, the current investment amount, and the concurrent filing window are all features of this specific moment. They will not all be available together indefinitely.
The next posts in this series cover how concurrent filing works in practice, what the EAD and advance parole actually provide for H-1B holders, and why physicians face a distinct set of immigration challenges that make the EB-5 timeline particularly important to start early.
Ready to Explore EB-5?
CanAm Enterprises has raised $4B+ in EB-5 capital, facilitated 9,300+ permanent green cards, and maintained a 100% USCIS project approval rate across 75+ projects spanning more than 30 years. Contact our team to learn more about current projects and whether EB-5 fits your immigration strategy.
Contact us at info@canamenterprises.com or +1 (212) 668-0690.
About the Speakers
Peter Calabrese, CEO, CanAm Investor Services
Peter Calabrese is CEO of CanAm Investor Services, the FINRA-registered broker-dealer affiliate of CanAm Enterprises. He works closely with prospective investors navigating the EB-5 process and advises on project selection and investment structuring.
Nicolai Hinrichsen, Managing Partner, Miller Mayer EB-5 Practice
Nicolai Hinrichsen is Managing Partner of Miller Mayer’s EB-5 practice, one of the largest EB-5 law firms by volume. Miller Mayer has been active in the EB-5 program since its inception in 1993.
Kristal Ozmun, Managing Partner, Miller Mayer General Immigration Practice
Kristal Ozmun is Managing Partner of Miller Mayer’s General Immigration Practice Group. She advises clients across H-1B, J-1, adjustment of status, and EB-5 matters, with a particular focus on physicians and other professionals navigating complex immigration pathways.
