Should you still invest in EB-5 after the grandfathering deadline?
Regional center petitions filed after September 30, 2026 are no longer grandfathered, and the program's authorization expires on September 30, 2027. How new investors should weigh that risk.
September 30, 2026 was the grandfathering cutoff for EB-5 regional center petitions. An I-526E filed on or before that date will be processed even if the Regional Center Program later lapses. Petitions filed after it don't have that protection.
That doesn't mean EB-5 is off the table from October 2026, but new investors need to understand the risk they're taking on.
Where the risk sits
The Regional Center Program's current authorization expires on September 30, 2027 and needs Congress to renew it. If Congress doesn't act in time, petitions filed on or after October 1, 2026 may be paused until the program is restored.
This has happened before. The program lapsed in June 2021 and wasn't restored until the Reform and Integrity Act passed in March 2022, roughly eight and a half months later. Investors already in the system saw their cases stall.
What a pause would mean
| Impact | What it means |
|---|---|
| Processing time | Petitions aren't processed during a pause, so the overall timeline stretches |
| Children's ages | Longer processing can affect children near 21; calculate CSPA in advance |
| Capital | Invested funds stay in the project, which keeps operating, but the green card and repayment timelines can drift apart |
| U.S. status | Investors who filed an I-485 concurrently should watch work permit and travel permit renewals |
How to weigh it
- How flexible is your timeline? Families with younger children and no urgent need for status can absorb a possible pause more easily.
- Is direct investment realistic? Direct (non-regional center) investment isn't affected by the program's authorization, but your own business must directly create 10 jobs, which isn't practical for most high-net-worth families.
- Is the project itself sound? During longer processing, the project still has to sustain the investment and create the jobs. Capital stack and developer strength matter even more.
- Will you file before January 1, 2027? That also affects the amount you invest. See our article on the 2027 increase.
Our view
Congress has generally extended the program, but not always on time, and it has lapsed before. We don't tell clients the risk isn't there. We lay out the scenarios before they invest so each family can decide against its own timeline. For the full policy risk analysis, see Risk assessment.
Frequently asked questions
Can I still file a regional center EB-5 petition after October 2026?
Yes. The program is authorized through September 30, 2027, but petitions filed after September 30, 2026 aren't grandfathered and may be paused if the program lapses.
Has the Regional Center Program lapsed before?
Yes. It lapsed in June 2021 and was restored by the Reform and Integrity Act in March 2022, about eight and a half months later.
General information only, not legal, tax or investment advice. Rules and figures are as of the publication or update date and may have changed.