EB-5 Investors Face A September 30 Deadline—And Higher Costs In 2027

What September 30 Really Means

There has been some confusion about the September 30 deadline. It is important to be precise. The EB-5 Regional Center Program does not expire on September 30, 2026. Congress authorized it through September 30, 2027. What happens this September is different.

The Reform and Integrity Act included a grandfathering provision formally called “Protection from Expired Legislation.” It directs the Department of Homeland Security to continue processing qualifying regional center cases filed on or before September 30, 2026 even if legislation authorizing the Regional Center Program subsequently expires. DHS may not deny such petitions solely because the program authorization expires, nor may it suspend or terminate visa allocations for beneficiaries of covered approved petitions.

That protection is significant because the Regional Center Program has historically relied on congressional reauthorization. An investor filing in October or November 2026 may still be able to file an EB-5 regional center case because the program itself remains authorized. However that investor will have missed the explicit September 30 grandfathering protection Congress enacted. For someone already preparing an EB-5 case, there is little obvious advantage in voluntarily giving up that protection.

Another Deadline Arrives January 1

The second clock concerns cost. Congress set the current minimum investment amounts in 2022: $1.05 million generally and $800,000 for investments in targeted employment areas or qualifying infrastructure projects. These figures are not permanent.

Beginning January 1, 2027, the standard investment amount will automatically adjust based on the cumulative change in the Consumer Price Index for All Urban Consumers since the start of 2022. The resulting standard amount will be rounded down to the nearest $50,000. The TEA and infrastructure amount will set at 75% of the new standard amount. The final numbers have not yet been announced, and investors should be wary of anyone presenting a projected figure as settled law. But the direction should hardly be surprising.

Industry models project a six-figure increase. That is not simply a matter of writing a larger check. Federal law expressly requires EB-5 investors to demonstrate that their investment capital—and certain related funds—were obtained through lawful means. Additional capital may require documenting another asset sale, gift, loan, business distribution or accumulation of earnings, sometimes across several jurisdictions.

A Possible $1.4 Million Category

Investors should also watch a related but secondary development. The DHS recently proposed a new “high employment area” investment category with a minimum investment of $1.4 million. The idea is the opposite of the reduced TEA investment: projects in certain metropolitan areas with comparatively low unemployment could require considerably more capital. The comment period closed on August 31, 2026. This remains a proposed rule, not current law. Even so, the proposal is a signal. Project location may increasingly affect not only visa availability and eligibility for the $800,000 threshold but the amount of money an investor ultimately must commit. That makes project selection more important, not less.

The Deadline Should Not Replace Due Diligence

There is an obvious danger in discussing deadlines of this kind: investors can be frightened into moving too quickly. That would be a mistake. An $800,000 EB-5 investment is both an immigration decision and a substantial financial commitment. No sensible investor should put money into a weak project merely to file an immigration petition before September 30.

Investors should still understand the project’s capital structure, job-creation methodology, construction or development status, senior financing, repayment strategy, developer experience and risks to invested capital. They also need sufficient time for competent immigration counsel to assemble the source-and-path-of-funds documentation and prepare Form I-526E. Once a project is selected, the immigration case and the underlying investment should remain on separate tracks: counsel for the petition and source-of-funds work; the regional center or project sponsor for construction, financing and capital deployment. Those boundaries should be clear before any money moves.

The right message is therefore not, “Rush.” It is “Do not procrastinate.” For investors who began exploring EB-5 months ago, September is the time to finish their work.

Two Deadlines, Two Different Risks

The September 30 deadline should not pressure anyone into a poor investment. Due diligence, project quality and a properly documented lawful source of funds remain more important than beating a date on the calendar. But the calculation is different for investors who have already done that work. Filing a well-prepared Regional Center case by September 30 can secure a statutory protection that disappears the following day. Waiting until 2027 may also require substantially more investment capital.

That makes the next few weeks unusual. The choice is not between rushing and proceeding carefully. For investors whose cases are already ready, it is between completing the process now and voluntarily giving up a protection Congress specifically provided. Immigration deadlines are often procedural, but this one can affect both the legal protection surrounding an EB-5 investment and potentially six figures in additional required capital.