By Lei Jiang, Esq., Lei Jiang LLC.
If you missed the September 30, 2026 EB-5 grandfathering deadline, you have not lost your chance — but the filing you make now is different, and two cost deadlines are coming fast.
Here is the difference. Petitions filed on or before September 30, 2026 carry a statutory safeguard (8 U.S.C. § 1153(b)(5)(S)): even if the Regional Center Program later lapses, the government must keep processing them and cannot deny them just because the program expired. A petition filed now does not have that protection. If Congress does not reauthorize the program by its September 30, 2027 sunset, there is no statutory guarantee your petition keeps moving. This risk is real — the program lapsed for about eight months in 2021 before it was restored.
What you did not lose: the program is still authorized through September 30, 2027, and you can still file a regional-center petition (Form I-526E) now on the same terms — $800,000 for a Targeted Employment Area or qualifying infrastructure project, $1,050,000 otherwise. No reauthorization law has been enacted yet.
So if you plan to file, file before November 30. Two costs rise after that: first, USCIS EB-5 fees rise November 30, 2026 — the Form I-526E fee goes from $3,675 to $7,850, and the separate Integrity Fund fee goes from $1,000 to $1,100, so filing before November 30 saves $4,275 in total (the fee that counts is the one on your postmark date). Second, the investment minimums adjust for inflation on January 1, 2027 under INA 203(b)(5)(C) — analysts estimate the new figures near $900,000 for a Targeted Employment Area and $1,200,000 otherwise, but those are estimates, not official figures; USCIS has not published the new amounts.
One more option, if it fits your situation: direct EB-5 (Form I-526, no regional center) is a permanent part of immigration law and does not depend on the regional-center reauthorization dates.
The practical takeaway: missing the deadline did not close the door, but it removed the safety net — and filing before November 30 saves you $4,275 in fees and locks in the current investment amounts.
Questions? Contact us at info@leijianglaw.com or (440) 835-2271, or book a free 15-minute call: https://calendly.com/leijianglaw-info/15-minute-consultation
This article is general information, not legal advice for your situation.