What is the September 30 Deadline?
Under the EB-5 Reform and Integrity Act of 2022, Congress created a "grandfathering" protection provision that applies only to EB-5 petitions filed on or before September 30, 2026.
The purpose of grandfathering is to protect a pending application if Congress does not extend the Regional Center Program.
What Does Grandfathering Protect?
Any EB-5 Regional Center petition filed on or before September 30, 2026 receives "grandfathering" protection, meaning USCIS must continue processing the application even if the Regional Center Program expires in the future. The petition remains valid under the rules in effect at the time of filing and is protected from political uncertainty, program disruption, or regulatory changes.
Grandfathering does not change EB-5 eligibility requirements and does not guarantee approval or eliminate processing delays.
Not the Final Deadline
This is a point that often causes confusion. The EB-5 Regional Center Program has current authorization until September 30, 2027, but the deadline to file to receive grandfathering protection ends one year earlier, on September 30, 2026.
The program is not ending. The Regional Center is authorized to operate until September 30, 2027 and applications can still be filed during that period, but petitions filed after September 30, 2026 do not have grandfathering protection and depend on the program being extended to maintain their status.
Preparation Takes 6-14 Months
This is a critical point many investors overlook. Because the EB-5 process typically takes 6-14 months after source of funds documentation is prepared, an investor wanting to file before the grandfathering deadline should start the process much earlier.
A carefully prepared EB-5 petition typically takes 6 weeks to 14 months, primarily due to source of funds documentation and correct project selection. The closer to the grandfathering deadline, the more bottlenecks emerge, such as fewer slots available in strong projects, regional centers and escrow agents being stretched thin.
Who Should File Now?
For investors from China and India, filing earlier not only secures grandfathering protection but also establishes an earlier priority date, reducing wait time.
If you are considering EB-5 and have capital ready, now is the time to contact an attorney to begin preparing your application. Not because EB-5 is ending, but because grandfathering protection is ending.