The Grandfathering Deadline Is Coming: Why EB-5 Investors Must Act Before the 2026 Expiry
July 30, 2025
12:00 pm
1:00 pm
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The EB-5 Reform and Integrity Act of 2022 (RIA) brought significant changes to the EB-5 program—most notably, a new protection known as “grandfathering.” But this protection is not permanent. With the RIA provisions set to expire in 2027, the grandfathering window for new EB-5 investors closes in September 2026. The time to act is now.
Join Matt Galati, EB-5 immigration attorney and founder of The Galati Law Firm, and Pete Calabrese, CEO of CanAm Investor Services, for a strategic discussion on why investors should file before the deadline—and what history teaches us about waiting too long.
About the Webcast
Date: July 30 Time: 12:00PM EDT Duration: 1 Hour
Key Topics
What the “grandfathering” provision means for EB-5 investors
The September 2026 deadline: risks of missing it
Filing surges in 2015 and 2019: what happened and what to learn
Processing timelines and capacity concerns at USCIS
How to build a complete and compliant EB-5 filing in time
What investors should do now to secure their place
Speakers
Matt Galati – Managing Partner, The Galati Law Firm Pete Calabrese – Chief Executive Officer, CanAm Investor Services
Don’t wait until the last minute. The best time to begin your EB-5 journey is before the 2026 rush begins.
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The grandfathering provision in the EB-5 program allows certain investors to retain their eligibility for the visa even if changes occur after their investment. This provision is particularly crucial as it protects those who have already made financial commitments, ensuring they can still benefit from the program despite potential legislative changes.
For instance, if an investor files their application before the deadline, they may be exempt from stricter requirements that could be implemented later. This aspect of the program is vital for investors to understand, as it can significantly impact their immigration strategy and investment security.
The Risks of Missing the 2026 Deadline
As the September 2026 deadline approaches, investors face significant risks if they do not act promptly. Missing this deadline could mean losing the opportunity for a pathway to U.S. residency through the EB-5 visa, potentially leaving substantial investments in limbo.
Historical trends indicate that filing surges often occur before deadlines, as seen in 2015 and 2019. Investors should heed these patterns and prepare their applications well in advance to mitigate risks associated with delays or increased processing times as the deadline nears.
Strategies for a Successful EB-5 Filing
To ensure a successful EB-5 filing, investors should adopt a proactive approach by gathering all necessary documentation and understanding compliance requirements well ahead of the deadline. This includes ensuring that their investment meets all program criteria and is structured appropriately.
Engaging with experienced immigration attorneys and advisors can provide valuable insights into the filing process. They can help navigate the complexities of the EB-5 program, ensuring that investors are well-prepared to submit a complete and compliant application before the impending deadline.
Processing Timelines and Capacity at USCIS
Understanding the processing timelines and capacity at USCIS is essential for EB-5 investors. With the anticipated influx of applications as the deadline approaches, processing times may extend, potentially affecting an investor's ability to secure their visa.
Investors should stay informed about current USCIS processing trends and consider submitting their applications early. This proactive measure can help avoid last-minute complications and ensure that their applications are reviewed in a timely manner.
Understanding the EB-5 Grandfathering Provision
The grandfathering provision in the EB-5 program allows certain investors to retain their eligibility for the visa even if changes occur after their investment. This provision is particularly crucial as it protects those who have already made financial commitments, ensuring they can still benefit from the program despite potential legislative changes.
For instance, if an investor files their application before the deadline, they may be exempt from stricter requirements that could be implemented later. This aspect of the program is vital for investors to understand, as it can significantly impact their immigration strategy and investment security.
The Risks of Missing the 2026 Deadline
As the September 2026 deadline approaches, investors face significant risks if they do not act promptly. Missing this deadline could mean losing the opportunity for a pathway to U.S. residency through the EB-5 visa, potentially leaving substantial investments in limbo.
Historical trends indicate that filing surges often occur before deadlines, as seen in 2015 and 2019. Investors should heed these patterns and prepare their applications well in advance to mitigate risks associated with delays or increased processing times as the deadline nears.
Strategies for a Successful EB-5 Filing
To ensure a successful EB-5 filing, investors should adopt a proactive approach by gathering all necessary documentation and understanding compliance requirements well ahead of the deadline. This includes ensuring that their investment meets all program criteria and is structured appropriately.
Engaging with experienced immigration attorneys and advisors can provide valuable insights into the filing process. They can help navigate the complexities of the EB-5 program, ensuring that investors are well-prepared to submit a complete and compliant application before the impending deadline.
Processing Timelines and Capacity at USCIS
Understanding the processing timelines and capacity at USCIS is essential for EB-5 investors. With the anticipated influx of applications as the deadline approaches, processing times may extend, potentially affecting an investor's ability to secure their visa.
Investors should stay informed about current USCIS processing trends and consider submitting their applications early. This proactive measure can help avoid last-minute complications and ensure that their applications are reviewed in a timely manner.
