The EB-5 Reform and Integrity Act of 2022 (RIA) brought sweeping reforms to the EB-5 program—raising investor confidence, introducing long-overdue safeguards, and extending the Regional Center Program through September 30, 2027. But many prospective investors may not realize there’s a far more urgent date to consider: September 30, 2026.
This date marks the end of the RIA’s “grandfathering” period—a critical investor protection that ensures your petition will be processed even if Congress does not reauthorize the program after 2027. In a recent webcast, CanAm’s CEO Pete Calabrese sat down with EB-5 immigration attorney Matt Galati to unpack the history behind this provision, why this deadline matters, and what investors can do to prepare now.
Here are the key takeaways from that discussion.
The Hidden Risk Behind the 2027 Expiry
While the EB-5 Regional Center Program is officially authorized until September 30, 2027, it’s September 30, 2026 that determines your protection against a failure to reauthorized. That’s because the RIA explicitly states that investors who file on or before this date are grandfathered in—meaning their petitions will continue to be adjudicated even if the program lapses again.
As Matt explained, this provision came in response to what happened during the last program lapse between July 2021 and March 2022. During that time, USCIS said it had no statutory authority to process petitions. Lawsuits and confusion followed, and investors were left in limbo. The RIA’s grandfathering clause aims to eliminate that uncertainty—but only for those who file before the 2026 deadline.
“If you want to avoid the mess that investors went through in 2021, then you need to file your I-526E before September 30, 2026,” Matt emphasized.
The Countdown Is Real—and So Is the Rush
Even though the deadline is over a year away, both Pete and Matt stress that waiting too long can create avoidable complications:
- Service provider bottlenecks: As deadlines near, EB-5 attorneys and regional centers can get overwhelmed by demand. Attention to investors and timelines may suffer.
- Project availability: Reputable projects—especially in the rural set-aside category—have limited capacity. High demand could mean missing out.
- Processing delays: Even a few days’ difference in your filing date could significantly impact your priority date and visa availability, especially if you’re from a backlogged country like China or India.
- Delays beyond anyone’s control: Acts of God, packages not being properly loaded onto airplanes or in delivery trucks, or USCIS’ errant rejections can result in further delays, even when everything else is done correctly.
Historically, these deadlines have triggered massive filing spikes. Pete pointed to September 2015, when over 6,000 petitions were filed in a single month. And according to Matt, the same patterns are likely to repeat:
“Whether you like it or not, September 30, 2026, is going to cause another massive spike in demand,” Matt warned.
Why Grandfathering Matters
The “grandfathering” protection means more than just peace of mind. If you file before the deadline, your petition is legally protected—even if Congress doesn’t reauthorize the program in 2027 or introduces major prospective changes.
If you file after September 30, 2026, and Congress fails to act by 2027, you risk having your petition denied or stuck in limbo, with no statutory backing to protect it.
Pete summed it up best:
“Why would you give up the grandfathering protection if you don’t have to? If you can file before September 30, 2026, there’s no reason not to.”
EB-5 Planning Takes Time—Start Now
One recurring theme in the conversation was that EB-5 is not a last-minute decision. Investors need time to:
- Choose a regional center and project
- Work with immigration counsel to document the lawful source of funds
- Consult tax professionals about the best way to structure the investment
- Prepare for concurrent filing if eligible
Even if your intent is clear, it can take weeks or months to move money, gather documents, and finalize a petition. In fact, both Pete and Matt noted that some investors they’ve worked with took up to 14 months before they were ready to file.
Concurrent Filing and Visa Availability: A Strategic Window
For investors already in the U.S., concurrent filing is one of the most powerful tools introduced under the RIA. It allows you to submit your Green Card application (Form I-485) at the same time as your I-526E petition—giving you access to work and travel authorization while you wait for adjudication.
But this option depends on visa availability. And as demand builds—particularly among Indian and Chinese investors—set-aside categories may no longer remain current. Filing earlier helps you lock in this benefit before possible retrogression.
“The longer you wait to file, the longer your visa wait is likely to be,” Matt said. “If you file today, you’re ahead of the rush.”
Lessons from 2015—and Why They Still Matter
Matt shared insights from the 2015 rush, when proposed statutory changes and fears of program expiration caused investor filings to skyrocket. His law firm at the time had a 30-person EB-5 team working around the clock.
“I had vivid dreams of Chinese bank statements,” Matt joked. “It was a stressful time for everyone—investors and professionals alike.”
The takeaway? When investors file en masse at the last minute, the system gets overwhelmed. Filings get delayed. Petitions may be rejected for technicalities. And stress levels go through the roof.
What You Can Do Now
Here’s a short checklist for investors considering EB-5:
- Understand the deadline: Mark September 30, 2026 in your calendar.
- Start your planning: Talk to a reputable EB-5 attorney about source-of-funds documentation.
- Assess your finances: Will your funds come from a sale, a gift, a loan? Each path has different legal and tax implications.
- Choose your team: Work with an experienced regional center like CanAm and a proven legal advisor.
- Prepare for concurrent filing: If you’re already in the U.S., explore this option while visa categories remain current.
The Bottom Line: Don’t Wait
The EB-5 program remains one of the most powerful tools for achieving U.S. permanent residency. But in this case, timing isn’t just about strategy—it’s about protection. If you file before September 30, 2026, your petition is guaranteed to be processed under current law. If you wait, you risk uncertainty.
“The best time to plant a tree was 20 years ago. The second-best time is today,” Matt said. “If you’re thinking about EB-5, now is the time to act.”
