If you have been following EB-5 news, you have heard three things: the “Gold Card,” a September 30 deadline, and a price increase. Here is what each one actually means — and what to do about it.
EB-5 Is Still Open
The EB-5 program operates under the EB-5 Reform and Integrity Act of 2022 (RIA). The Regional Center program is authorized through September 30, 2027. The proposed $5 million “Gold Card” cannot replace EB-5 without an act of Congress. EB-5 is still the investment-based path to a green card.
The September 30, 2026 Deadline Has Passed — What It Means
Under the RIA, investors who filed Form I-526E on or before September 30, 2026 received “grandfathering” protection: even if the Regional Center program later lapses, their petitions keep being processed. That deadline has now passed. If you filed in time, your case is protected. If you did not, you can still invest and file — the program remains open — but without grandfathering protection.
The Price Goes Up on January 1, 2027
Today, the minimum investment is $800,000 for a Targeted Employment Area (TEA) project and $1,050,000 otherwise. The RIA adjusts these amounts for inflation every five years, and the next adjustment takes effect January 1, 2027. The new figures have not been officially announced, but based on inflation data, industry estimates put the TEA amount near $900,000 or higher. Investors who file Form I-526E before January 1 can lock in today’s amounts.
Visa Availability: Set-Asides Are Current for China
In the October 2026 Visa Bulletin, the three set-aside categories — rural (20% of visas), high unemployment (10%), and infrastructure (2%) — remain “Current” for investors born in mainland China. That means no visa backlog in those categories. By contrast, the unreserved EB-5 category for China has a Final Action Date of December 1, 2016. The good news in October: China’s filing date (Chart B) jumped four years, to March 1, 2021, and USCIS is allowing employment-based applicants to use Chart B this month. Investors already in the United States in valid status may file adjustment of status concurrently with the I-526E when a visa is available, and receive work authorization and advance parole while waiting.
What to Watch Before You Invest
RIA added real investor protections — audited fund administration, stricter project oversight, and more disclosure — but EB-5 is still an investment with risk. Research the regional center and the project, understand how your money will be used and when it can be returned, and prepare complete source-of-funds documentation. An experienced EB-5 attorney can help you evaluate a project before you commit.
EB-5 remains one of the most direct paths to a U.S. green card for investors — but the window to invest at today’s price is closing. If you are considering EB-5, now is the time to evaluate your options. Contact us at (440) 835-2271 or info@leijianglaw.com.
This article is general information only and is not legal advice. Visa availability changes monthly; check the current Visa Bulletin and consult an attorney about your situation.