Category: EB-5

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EB-5 Immigration

Missed the September 30 EB-5 Deadline? You Can Still File — But File Before November 30

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.

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EB-5 Immigration

EB-5 in October 2026: Still Open, But the Price Is About to Rise

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.

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EB-5

EB-5 Reform and Integrity Act of 2022

Update (October 2026): For the latest EB-5 information, see EB-5 in October 2026: Still Open, But the Price Is About to Rise.

The 2022 Consolidated Appropriations Act was signed into law in March of 2022, and with it came a major reform to the EB-5 system.
The relevant portion of the Act is Div. BB, otherwise known as the EB-5 Reform and Integrity Act of 2022.

Full Bill Text

Important Takeaways:

More Resources:

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EB-5

EB-5 Updated Investment Cost

Update (October 2026): For the latest EB-5 information, see EB-5 in October 2026: Still Open, But the Price Is About to Rise.

The EB-5 Reform and Integrity Act also lays out changes to the EB-5 investment cost.
The new cost is effective March 15, 2022, and will be adjusted by inflation every 5 years based on the Consumer Price Index for All Urban Consumers (CPI-U).

Investment TypeBeforeAfter
Minimum Investment$1,000,000$1,050,000
Targeted Employment Area Investment Amount$500,000$800,000
High Employment Area Investment Amount$1,000,000N/A

These values are given in US Dollars.

A Target Employment Area is either (at time of investment):

  1. A rural area, or
  2. A high unemployment area.

Source: USCIS

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EB-5

EB-5 Immigrant Visa Set Asides

Update (October 2026): For the latest EB-5 information, see EB-5 in October 2026: Still Open, But the Price Is About to Rise.

The EB-5 Reform and Integrity Act dictates that a certain percentage of EB-5 visas will be set aside for investors who invest in specific areas each fiscal year, the breakdown is as follows:

  • 20% – Rural
    A rural area is any area other than an area within a metropolitan statistical area (MSA) (as designated by the Office of Management and Budget) or within the outer boundary of any city or town having a population of 20,000 or more according to the most recent decennial census of the United States.
  • 10% – High Unemployment
    A high-unemployment area consists of the census tract or contiguous census tracts in which the new commercial enterprise is principally doing business, which may include any or all directly adjacent census tracts, if the weighted average unemployment for the specified area based on the labor force employment measure for each tract is 150% of the national unemployment average.
  • 2% – Infrastructure
    An infrastructure project is a capital investment project in a filed or approved business plan, which is administered by a governmental entity (such as a Federal, State, or local agency or authority) that is the job-creating entity contracting with a regional center or new commercial enterprise to receive capital investment under the regional center program from alien investors or the new commercial enterprise as financing for maintaining, improving, or constructing a public works project.
    Unused visas in these categories are held for use in their respective category for 1 more fiscal year before being released to the general EB-5 visa pool.

Source: USCIS

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EB-5

Can L-1A and EB-1(C) be an alternative to EB-5?

Update (October 2026): For the latest EB-5 information, see EB-5 in October 2026: Still Open, But the Price Is About to Rise.

As the waiting time for EB-5 investment immigration is getting longer and longer, more and more people choose to apply for L-1A visa. However, it should be noted that L-1A is a non-immigrant visa, which means that this type of visa can only be used by the applicant and his family to live in the United States for a certain period of time. The L-1A visa is applicable to Chinese companies sending their managers or executives to the US branch to manage business or set up a branch.

Basic Requirements for L-1A Visa:

  • Overseas companies hold more than 50% of American companies.
  • In the three years before submitting the application, the applicant has held a management position in an overseas company for at least one year.
  • Applicants need to hold a management position in a US company.
  • If the U.S. company is newly established or previously inactive, the applicant’s L-1A visa is only valid for one year. If the U.S. company has a mature business, the L-1A visa is valid for up to three years.
  • The L-1A visa is renewable for a maximum period of seven years.
  • For applicants on the L-1A visa valid for one year, the EB-1(C) can only be filed after successfully obtaining a two-year extension of the L-1A visa. Applicants for the three-year L-1A visa do not have this restriction.
  • Dependents are granted L-2 visas and can apply for work authorization.

Unlike EB-5, L-1A has no stated minimum investment requirements. But generally, around $200,000 is needed to ensure success. If you set up a new company, applying for L-1A must have a business plan describing how the applicant will plan to develop the business in the United States, as well as forecast business income and the number of employees, and how the initial investment will help the new American company achieve its goals.

If it is a one-year L-1A visa, renewal is often difficult because the new company only has one year to develop the business. The risk of denial of an L-1A renewal application increases if the company is unable to achieve revenue, profitability, and/or employee plans. If the renewal application is denied, the L-1A visa holder and their family members must leave the United States immediately and can no longer seek a U.S. green card through EB-1(C). The adverse impact on life and business of a sudden departure from the United States will be huge. Those who consider the L-1 pathway often do not pay enough attention to these risk factors.

In addition, if not done properly, the process from L-1A to EB-1(C) to green card can cost much more than the cost of EB-5, whether in terms of US government processing fees or in terms of the overall capital investment of the L-1A corporation. This point is often overlooked or downplayed. This is because there are four steps for L-1A transfer to a green card, and only three steps for EB-5 investment immigration. More steps means higher risk and higher capital. This is a point often overlooked by people considering the L-1 pathway.

However, as long as Chinese EB-5 applicants still face a long waiting list, L-1A/EB-1(C) will be a faster option for a Chinese to enter the United States. But this process is often more difficult than expected, so working with an experienced U.S. immigration lawyer from the very beginning, making a good strategic plan, and doing due diligence are the keys to success. If you are interested in applying for an L-1A visa, please contact Lei Jiang Law Firm.

Phone: (440) 835-2271.

Email: info@LeiJiangLaw.com.

WeChat: leijiang_lawfirm1.

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EB-5 News

Proposed EB-5 Legislation

Update (October 2026): For the latest EB-5 information, see EB-5 in October 2026: Still Open, But the Price Is About to Rise.

To keep the government running, the Congress has just approved another stopgap continuing resolution, which means that the EB-5 program will remain for most of 2016. However, it has been widely anticipated that legislation in some form will be enacted shortly to renew and reform the Program.

The current EB-5 program, which offers a family-sized set of green cards to foreigners who directly invest $1 million, or invest $500,000 into targeted employment areas (“TEAs”), has been very popular among Chinese investors in recent years.

Under the proposed legislation, once passed, the minimum investment amount in rural and high-unemployment areas would be increased from $500,000 to $800,000. For the investment projects that already had I-924 and I-526 approvals, they will enjoy a 60-day grace period. Thus, if investors submit the application within 30 days of the effective date of the new legislation, the investment amount is $600,000; between the 31st day and the 60th day, the amount is $700,000; and starting the 61st day, the amount will be adjusted to $800,000. Investment to non-TEAs will be adjusted to $1.2 million.

Also, the new legislation will redefine what constitutes the TEA. TEA designation will be tightened up. Further, the new legislation will allot a certain number of visas to different investment categories, such as 2,000 visas for projects in rural areas and 2,000 visas for people who invest $1 million, while the total number of visas remains the same.

Finally the new legislation will require more disclosure regarding how the capital is being utilized, and investors’ source of funds. The current EB-5 program has been under fire when 35 Chinese investors who lost nearly $20 million in South Dakota’s EB-5 program sued the state for fraud.

Although investors can be relieved for now, changes are likely to come. Our firm will monitor closely of any development. Let’s sit tight and wait for what is coming. Please contact us for any EB5 questions.

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EB-5

EB5 Regional Center Questions and Answers

Update (October 2026): For the latest EB-5 information, see EB-5 in October 2026: Still Open, But the Price Is About to Rise.

Question: What is the difference between Regional Center and a direct investment? What are the pros and cons of each? Can the EB-5 investor be limited in the legal exposure/management of the project, such as is often the case defined by being a limited partner in an indirect EB-5 investment through a Regional Center?

Attorney Lei Jiang: The main difference is that a regional center can utilize indirect job creation while a direct investment cannot.  Moreover, direct investment normally requires more involvement from investors.  Regional center projects, on the other hand, have a team of professionals. So investors are all passive investors.

Question: Why does I-924 takes from targeted 4 month to 9 month? What are the reasons for this delay?

Attorney Lei Jiang: I-924 normally takes 9 month or longer. USCIS wants to be careful but lack of officers. So it is backlogged.

Question: Do I submit my project directly to a Regional Center? I am a real estate developer in Indianapolis. I have a project in Chicago which will generate 50 new jobs and the project total cost is $10 million.

Attorney Lei Jiang: You should contact Chicago regional centers to see if they are interested in your project.

Question: Do you need to have an EB-5 Project in order to start your own Regional Center? I want to know the requirements to start a regional center myself, and if I need to have a project ready before applying to become a Regional Center?

Attorney Lei Jiang: No. You do not need an actual project for regional center application, but as part of the application, you need to submit a hypothetical/exemplar project plan.

Question: I have a project but I don’t want to wait a year or so to get a regional center designation. Can I purchase an existing one? Would I need an immigration lawyer to help me in the transaction if it is possible?

Attorney Lei Jiang: Yes, you can if a regional center agrees to sell.  Alternatively you can “rent” one. You do not need immigration attorney for this transaction but it is good to have one. You need to understand immigration issues.

Question: Does your law firm offer the service of establishing a regional center? And approximately how much would it cost for this service? Thanks.

Attorney Lei Jiang: Yes we do.  It normally runs around $80,000 to 120,000. There are many other law firms offering such service.

Question: What is the benefit of investing in an EB-5 Regional Center as opposed to going with a direct investment in an EB-5 project?

Attorney Lei Jiang: You can utilize an economic model for job calculation. 10 required jobs for every investor (normally with  $500,000 investment) is difficult to achieve for many business ventures.

©Lei Jiang Law Firm 2014.

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EB-5

EB5 Regional Center Questions and Answers

Update (October 2026): For the latest EB-5 information, see EB-5 in October 2026: Still Open, But the Price Is About to Rise.

Question: I am planning to invest in my own project but it might not create 10 direct jobs in 2 years. There is a Regional center in the same area with a similar project. How could I work with the regional center and create a structure to leverage their ability to include indirect jobs?

Attorney Lei Jiang: You need to talk to them. One benefit of using regional center is that you can count indirect jobs.

Question: Why do Regional Centers use mezzanine financing? Isn’t mezzanine financing risky?

Attorney Lei Jiang: This kind financing is commonly used in real estate. Since most regional centers have real estate projects. You should not be surprised by this type of financing.

Question: What would be an applicant’s position if EB5 pilot program is not renewed (Sept 2015) after approval of his I-526? Would all rights to obtain residence be lost? Could an investor sell his investment immediately to reclaim funds?

Attorney Lei Jiang: It’s unlike that the program will not be renewed.  Whether the investor can sell his investment or not depends on the subscription agreement and other legal documents that he has signed. Investors should always read these legal documents very carefully and/or seek professional help.

Question: What is the process for filing a complaint against a Regional Center for fraud? I am a project sponsor who paid a non-refundable deposit to a firm representing itself as an established Regional Center. The Regional Center I wish to file a complaint against is the parent of the firm we paid, but wasn’t an approved center at the time of payment. Also, how do I access the date on which a Center was approved? The USCIS website does not list that information, and my email inquiries to them have been rejected.

Attorney Lei Jiang: All approved centers are listed on USCIS website. So if a regional center has not been approved, it will not be on the USCIS list. Normally you can file a lawsuit (complaint) in a common pleas court or a federal district court which has the jurisdiction of this company. You need a lawyer for that.

Question: My main goal is the preservation of my capital. What are the chances that the regional center does not return the principal? Do regional centers return the full principal I’ve invested with them at the end of the 5 or 6 year period? How often do they fail and how can I find the regional center which has no failure record.

Attorney Lei Jiang: Do your research and talk to EB5 attorneys (they know the regional centers)! It’s just like other investments (stocks, bonds, etc.).

Question: How do you go about using an EB5 Regional Center to fund a project, without becoming designated as a regional center yourself? I have a business in Colorado and have researched the EB5 program. Once I find a regional center whose designation I may use, who does the reporting to USCIS and do I have to do a business plan and economic impact study to work through the regional center. What does the Regional Center have to provide the USCIS with if a third part project is using its designation?

Attorney Lei Jiang: You need to talk to the regional center to see whether you can utilize it and how to do it. Business plan and economic report are needed for immigration petitions.

©Lei Jiang Law Firm 2014.

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EB-5

EB5 Regional Center Questions and Answers

Update (October 2026): For the latest EB-5 information, see EB-5 in October 2026: Still Open, But the Price Is About to Rise.

Question: I want to invest with EB-5 regional center so that investment is only $500,00. But I do not understand what a regional center is. Is a regional center a global company or a U.S. company? Does each regional center correspond to a specific project center or institution?

Attorney Lei Jiang: a regional center is a U.S. business which invests funds in projects in U.S. It is approved by USCIS so it can attract foreign investors. It is not an institution or governmental entity.

Question: I have a green energy project I’ve been trying to get up and running through EB-5. But it takes so long to get approved as a Regional Center, I don’t have the time. Can I buy a Regional Center? In the long run, is it better to buy a Regional Center or simply work in junction with one?

Attorney Lei Jiang: Yes, you can buy or work with a regional center. It’s difficult to say which approach is better. Each has its pros and cons. Initial investment for setting up a regional center is big, but if it’s successful, in the long run, you can recoup all expenses plus profits.

Question: Assuming Company headquartered in the US and majority shares held therein, might a Regional Center have the right to invest in projects outside US jurisdiction?

Attorney Lei Jiang: It will be difficult. How do you generate 10 U.S. fulltime jobs for each investor ? And each investor will have to invest $1 million since it is not even in U.S. Question: Does USCIS provide any foreign investor leads to Regional Centers, i.e. when foreigners make inquiries directly with USCIS, how does USCIS handle those inquiries; does it refer prospective investors to Regional Centers? If no, what is the disposition of such inquiries? If yes, what criteria is used to determine which Regional Center such inquiries will be referred to? Please provide with a list of Features and Benefits (as well as negatives, if possible) of becoming a USCIS Regional Center. I operate a boutique hedge fund which conducts most of its business cross-border and have worked nearly exclusively on this basis for > 20 years.

Attorney Lei Jiang: USCIS will not make any referral. The list of approved regional centers is on USCIS website. That is pretty much all the help you will get from USCIS. The main benefit of regional center over direct investment is that RC can count indirect jobs.

Question: Can a regional center, or those working on its behalf, charge a commission (i.e. 10%) on top of the $500,000 investment made by the person seeking the EB-5 visa?

Attorney Lei Jiang: Commission is normally paid to agents/broker. 10% commission is on the high end. Regional center will charge a management fee though.

Question: If our business plan is to build and operate a hotel, what specifically can we count as an indirect job if we become a Regional Center? Do construction jobs count as direct or indirect? If we hire consultants, do those jobs count for the total of 10? Does it matter how many of the jobs we create are direct? ID:496 Attorney Lei Jiang: Direct jobs come from counting W2. Indirect jobs mean that even a regional center does not hire a required number of employees, based on an economic model, it will create certain number of jobs. When you apply for a regional center, you will have to hire an economist. Economic report will tell you exactly how many indirect job your project will create.

©Lei Jiang Law Firm 2014.

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