The January 1, 2027 EB-5 increase: five things to do now
EB-5 minimum investments rise with inflation by law. With under three months to go, which steps must start now, and which decisions shouldn't be rushed to beat the date.
Under the EB-5 Reform and Integrity Act of 2022, the minimum investment adjusts automatically on January 1, 2027 for cumulative inflation since 2022, and every five years after that. Today's minimums are $800,000 for TEA projects and $1,050,000 for standard projects.
As of publication, USCIS hasn't announced the adjusted figures. Industry estimates based on consumer price data put them at about $900,000–$937,500 for TEA projects and $1.2M–$1.25M for standard projects: a difference of well over $100,000.
Which date counts?
Practitioners generally read the rule so that an I-526E filed before the adjustment keeps today's amount, but USCIS hasn't issued formal guidance. Investors who want to lock in the current amount should complete both the investment and the I-526E filing before January 1, 2027, not just sign the subscription documents.
Five things to do now
1. Confirm EB-5 suits you
Country of birth sets your backlog, and your children's ages set your timeline. China-born investors face a multi-year backlog in the standard category; families with a child near 21 need a CSPA age calculation from an attorney first. One consultation usually settles both, and decides whether racing the deadline is worthwhile.
2. Start the source-of-funds file now
Source-of-funds documentation is the tightest part of the schedule. Five years of personal and business tax returns, property or share sale records, and a donor's own evidence can each take weeks to gather. Cross-border transfers also need time for bank compliance reviews.
3. Only consider projects with complete documents
A short timeline is a reason to be stricter about documentation, not looser. Review the I-956F status, capital stack, completion guarantee and exit terms before you fund. An issuer that can't produce key documents quickly is a warning sign.
4. Factor in the November 30 fee increase
New USCIS EB-5 fees take effect on November 30, 2026, raising the I-526E fee from $3,675 to $7,850. Filing earlier saves some money, but far less than the investment difference, so it shouldn't change which project you choose.
5. Have a plan for missing the date
If your source of funds or project review can't be finished in time, investing the higher amount in a project that holds up to scrutiny is still the better outcome. We plan two timelines with clients: filing before the date, and filing after it.
What not to do for a deadline
The amount you save is small next to the cost of a poor project. EB-5 capital must be at risk by law, and a delayed or failed project affects not only your money but whether your I-829 is approved.
Pause on any pitch that presses you to decide today because it's your "last chance". For the full timeline, see the investment amounts section of the EB-5 guide.
Frequently asked questions
Does filing before January 1, 2027 guarantee the current investment amount?
Practitioners generally read the rule that way, but USCIS has issued no formal guidance, so complete both the investment and the I-526E filing before the date.
What will the new EB-5 investment amounts be?
USCIS hasn't published them. Industry estimates based on CPI-U are about $900,000–$937,500 for TEA projects and $1.2M–$1.25M for standard projects.
General information only, not legal, tax or investment advice. Rules and figures are as of the publication or update date and may have changed.