EB-5 Dates to Watch: September 30, 2026, January 1, 2027, and September 30, 2027

By C. Matthew Schulz

Three dates are now especially important for anyone considering or already in EB-5 immigrant investor immigration. 

September 30, 2026, is the statutory “protection from expired legislation” date for certain regional center cases filed on or before that date. 

January 1, 2027, is when EB-5 minimum investment amounts are scheduled to adjust automatically for inflation. 

September 30, 2027, is when the current authorization for the EB-5 Regional Center Program is scheduled to expire unless Congress extends it. Under the EB-5 Reform and Integrity Act of 2022, USCIS must continue processing qualifying regional center petitions filed on or before September 30, 2026, even if regional center authorization later expires; the current regional center authorization runs through September 30, 2027; and the current minimum investment amounts are $1,050,000 generally, or $800,000 for targeted employment area and infrastructure investments, with automatic inflation adjustments beginning January 1, 2027. See PL 117-103.

These dates matter because EB-5 planning is rarely quick. Investors usually need time to choose between a direct investment and a regional center project, complete project due diligence, transfer and document investment funds, prepare source-of-funds evidence, and decide whether to file an adjustment of status application at the same time as the EB-5 petition if a visa is available.

For regional center investors, September 30, 2026, may provide important protection against a future lapse in the Regional Center Program. 

For all new EB-5 investors, January 1, 2027, may mean a higher minimum investment amount. 

For larger regional center projects, these dates may also affect fundraising because later investors may face greater uncertainty or higher investment thresholds.

Recent public reporting highlights these deadlines. 

The Financial Express reported that September 30, 2026, is being treated by many EB-5 practitioners as a key grandfathering cutoff even though the Regional Center Program is currently authorized through September 30, 2027, and it noted the January 2027 inflation adjustment to the $800,000 and $1,050,000 thresholds. 

ABP Live similarly reported that EB-5 investors are watching September 30, 2026, as a key cutoff date and that investment thresholds are expected to rise because of inflation adjustments beginning in January 2027. 

Reuters has also reported on broader political attention to EB-5, including public statements about the possible alternative “gold card” proposal, underscoring that investor immigration remains a politically visible area. 

September 30, 2026: The Protection Deadline for Regional Center Cases

September 30, 2026, does not mean that every EB-5 filing stops on that date. The direct EB-5 program is part of the permanent EB-5 statute, and the Regional Center Program is currently authorized through September 30, 2027. 

The practical significance of September 30, 2026, is narrower but important. 

For qualifying regional center cases filed on or before that date, PL 117-103 directed DHS to continue processing the petition and not deny it merely because regional center legislation later expires. In that law, Congress also directed DHS not to suspend or terminate visa allocation to beneficiaries of approved petitions covered by that protection. 

For a new EB-5 investor, this means that a regional center filing after September 30, 2026, may still be possible if the Regional Center Program remains authorized, but it may not receive the same statutory protection if Congress later allows the program to lapse. A direct EB-5 investment is different because it does not depend on regional center authorization, but it also generally requires the investor to prove direct job creation rather than relying on the broader regional center job-counting rules.

For an investor with a pending EB-5 case, the effect depends on the type of case. A traditional/direct EB-5 case should not be affected by a lapse in regional center authorization. A pending regional center case filed on or before September 30, 2026, should have statutory protection against denial or processing suspension based solely on later expiration of regional center legislation. 

That protection does not guarantee approval, cure project defects, eliminate visa backlogs, or solve business problems if the project cannot raise enough capital.

January 1, 2027: Investment Amounts Are Scheduled to Adjust

The current post-RIA EB-5 minimum investment amounts are $1,050,000 for a standard investment and $800,000 for an investment in a targeted employment area or infrastructure project.

PL 117-103 provides that, beginning January 1, 2027, and every five years after that, the standard amount automatically adjusts for petitions filed on or after the adjustment date based on the cumulative CPI-U change, rounded down to the nearest $50,000. The reduced amount for targeted employment areas and infrastructure projects then adjusts to 75% of the standard amount. 

For a new EB-5 investor, this means filing before January 1, 2027, may preserve eligibility under the current $800,000 or $1,050,000 investment level, assuming all other requirements are met. For investors still gathering source-of-funds documents, the calendar matters because the investment amount alone is not enough; USCIS must also be satisfied that the capital was obtained lawfully and can be traced through credible documentation.

For an investor already filed and pending, the January 1, 2027, adjustment should generally not increase that investor’s required investment amount. But it may still matter indirectly. If the investor is in a larger regional center project that still needs additional EB-5 investors, a higher minimum investment amount may make it harder for the project to attract new investors, complete the full capital stack, or finish the project as originally planned.

September 30, 2027: Regional Center Authorization Expires Unless Extended

The Regional Center Program is currently authorized through September 30, 2027. If Congress does not extend it, new regional center filings could be disrupted after that date.

This is different from direct EB-5, which does not depend on a regional center and has no expiration date. 

For a new EB-5 investor, the key distinction is whether the investment is direct or regional center-based. A direct EB-5 case may remain available even if regional center authorization lapses, but the investor must usually show that the investment directly creates at least 10 qualifying full-time jobs. A regional center case may allow pooled investment and the use of indirect job creation methodologies, but it depends on the continued authorization and compliance of the regional center framework.

For a pending investor, a regional center lapse may not harm the investor’s case if the petition falls within the statutory protection for filings made on or before September 30, 2026. However, a lapse or uncertainty can still affect project operations, investor confidence, marketing to future investors, and the timing of additional capital raises.

General EB-5 Requirements

EB-5 is an immigrant investor classification for foreign nationals who invest capital in a new commercial enterprise that creates jobs for U.S. workers. 

In general, the investor must invest the required amount of capital, show that the funds came from lawful sources and were transferred through lawful means, place the capital at risk for the purpose of generating a return, and create at least 10 full-time jobs for qualifying U.S. workers. The latest changes to EB5 law in 2022 also created reserved visa categories for certain investments: 20% for rural areas, 10% for high-unemployment areas, and 2% for infrastructure projects. 

A targeted employment area can be a rural area or a high-unemployment area. The statute defines a rural area as an area outside a metropolitan statistical area and outside the outer boundary of a city or town with a population of 20,000 or more, based on the most recent decennial census. 

A high-unemployment area generally requires a qualifying unemployment rate of at least 150% of the national average, as determined under the statute. 

Infrastructure projects are a separate category involving a capital investment project administered by a governmental entity that is the job-creating entity for a public works project. 

Direct EB-5 and regional center EB-5 are both real pathways to immigrate, but they are not the same. The right choice depends on individual investor immigration goals, investment risk tolerance, job creation strategy, timing, and the quality of the project documentation.

Direct EB-5 may be more attractive for an investor who wants to own and operate a real business and can document direct job creation. 

Regional center EB-5 may be more attractive for investors seeking a more passive structure, pooled investment, and job creation based on accepted economic methodologies. 

Learn More

For a broader overview of EB-5 immigrant investor immigration, see my articles: EB-5 Immigrant Investor Immigration — Schulz Law and EB-5 Immigrant Investor Visas — Schulz Law.

USCIS also maintains an official EB-5 Questions and Answers page here: USCIS EB-5 Questions and Answers

Conclusion

EB-5 remains a powerful immigration option, but the next two years make timing especially important. Investors who may want to file under the current legal framework should start early enough to evaluate the project, document the lawful source and path of funds, and understand how the September 30, 2026, January 1, 2027, and September 30, 2027, dates may affect their strategy.