Category: Immigration

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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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Immigration News

EB-5 Program Revived: U.S. District Court Restores $500,000 Investment

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 U.S. District Court of the Northern District of California decided on June 23rd, 2021 to rule in favor of its request to vacate the EB-5 Modernization Rule implemented by the Department of Homeland Security (DHS) in 2019. The court’s decision restores the original rules for the EB-5 program, which was created by the Immigration Act of 1990 as a method for providing qualified investors the opportunity to obtain a permanent green card. The program requires a minimum $500,000 investment in a U.S. business that would create at least 10 full-time jobs for American workers. The 2019 Modernization Rule bumped the investment from $500,000 to $900,000, an update that stifled participation in the program. The suit was brought by Behring Co., a real estate developer and the operator of Behring Regional Center.

The Modernization Rule also made problematic changes to the program’s Targeted Employment Area (TEA) designation process, removing the states’ authority to determine TEA eligibility without a viable replacement and resulting in processing times that took years to complete. This change helped contribute to EB-5 petitions dropping by more than 99% percent since November of 2019. “The Court’s decision to right this wrong will provide a positive opportunity for EB-5 investors and regional centers to unite with policymakers in forging meaningful legislative change that ultimately leads to creating American jobs and economic growth”, said Laura Foote Reiff, an immigration attorney who helped represent Behring Co.

With the original rules in effect, EB-5 investors may once again invest $500,000 in TEA-qualified locations that create at least 10 full-time jobs. Since its inception, EB-5 investors have injected more than $41 billion into the United States economy and created over 820,000 jobs. However, the program is set to expire June 30th, with lawmakers currently considering modifying certain components of the EB-5. If you have any immigration issues or would like to try and apply for the EB-5 program, feel free to call the Lei Jiang Law Firm at 440-835-2271, as we handle a variety of immigration legal issues and applications. 

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Immigration

Cases at Cleveland Immigration Court

In August and September 2019, Lei Jiang Law Firm accepted six immigration bail cases and defended these clients in the Cleveland Immigration Court. These six clients were all Chinese women. They were detained by the USCIS in July 2019 when the FBI, Ohio Bureau of Investigation, and local police raided multiple illegal massage parlors. Police have not charged them with any wrongdoing. The police did not charge them with any wrongdoing.

These six women came from New York and worked at a local massage parlor. They were all Asians with limited financial resources and did not speak English. Some of the women did not have any money, so our law firm provided our legal services for free. ‘Even though our legal services were free, we provided them with our consistent standard of high-quality service. We visited them in prison many times to better understand their specific situation, collected information, provided advice, and called other social workers to give them the necessary assistance. Some of them said they were tricked into coming to Ohio. Therefore, we also hired professionals in human trafficking to help them.

In court, attorney Lei Jiang successfully won the minimum bail for each lady. Thanks to our efforts, all six women were released and reunited with their families. But our work didn’t stop there. We continued to help them by providing them with useful information, connecting them with non-profit victim protection organizations in New York, and more. We were very grateful we could help them when they were in a desperate situation.

It’s not easy being an immigration court lawyer these days. US laws change quickly, the current climate is anti-immigration, and the courts are rarely sympathetic to immigration cases. Although such bail cases are not within the main business scope of our law firm, we maintain our original intention – to help those in need, to speak out for the disadvantaged, and to hold ourselves to the highest standards.

For legal issues, please contact us.

Categories
Immigration

US Immigration Alert –

With less than two months before the mid-term elections, the Department of Homeland Security (DHS) announced the latest proposal on September 22, saying that for those applying for permanent legal residence status, the use of public benefits is a serious negative factor, and applicants may be denied green card. Those public benefits include the Supplemental Nutrition Assistance Program (SNAP), known as food stamps, certain housing assistance, the Medicare prescription drug program (Part D) for seniors, and more. In addition to not being able to qualify for benefits, the new proposal also considers certain health conditions such as mental health disorders, heart disease and cancer to be important considerations for “public charge”. This new proposal does not apply to some people, including families whose income is less than 15% of the official poverty line, refugees or asylum seekers and so on.

The new rule does not require congressional approval and takes effect in about two months. A 60-day public review process is required before it becomes effective. Stephen Miller, the White House’s top immigration adviser, sees getting tough on immigration as a winning strategy for Republican candidates. So focusing on public benefits at this time, emphasizing their misuse by immigrants, is often an effective way to motivate conservative supporters. The Trump administration hopes the measure will keep Republicans in control of both houses of Congress for the remainder of Trump’s two-year term.

Reprinted from the official website of the Department of Homeland Security and other information.

All rights reserved by Lei Jiang Law Firm. October 2, 2018.

Categories
Immigration News

Successful Criminal Defense in a Michigan State Court

On April 27, 2018, one of our cases was dismissed by 67th District Court, Case no. 17TA0776. Our client was charged with a felony crime. After good effort on part of the attorneys, we successfully got the case dismissed. The client is free of all charges.

Our client is exuberated over the result. It is especially important due to her immigration status. Thereafter, she gave our legal service a “5” star rating. To see other clients’ rating of us online, please go to https://www.avvo.com and find attorney Lei Jiang. More than 50 clients have rated legal service provided by our lead counsel, Ms. Lei Jiang, a five star service!

Whether it is a criminal or civil case, we handle your case with the uttermost care and our best effort. If you or your company need a competent law firm to handle disputes or litigation, please contact us.

Categories
Immigration News

A Possible Path for International Entrepreneurs

On December 14, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would take steps to implement the International Entrepreneur Rule (IER) in accordance with a court decision on December 1, 2017.

IER was published during the Obama administration to provide an unlimited number of international entrepreneurs a new opportunity to apply for parole, enter the U.S. and use American investments to establish and grow start-up businesses.

Since this is parole, it is a discretionary grant made by the Secretary of Homeland Security and is granted only on a case-by-case basis. Moreover, the Trump administration has made it clear that parole should be used scarcely.

While DHS implements the IER, it is also proceeding with issuing a notice of proposed rulemaking seeking to remove the IER.

Categories
Immigration News

Changes to Direct Filing Addresses for Form I-129 Petitions

On October 12, 2017, USCIS changed the direct filing addresses for certain petitioners of Form I-129, Petition for a Nonimmigrant Worker. The changes are as follows:

Petitioners now file Form I-129 according to the state where the company or organization’s primary office is located. Previously, petitioners filed Form I-129 based on the beneficiary’s temporary employment or training location.

Petitioners located in Florida, Georgia, North Carolina and Texas now file Form I-129 at the California Service Center.

Starting November 11, 2017, USCIS may reject Form I-129s that are filed at the wrong service center.

Categories
Immigration News

Lei Jiang Answers Questions about EB5

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

On April 23, 2011, USChinaPress.com, a leading Chinese newspaper and website, interviewed attorney Lei Jiang about EB5 Investment Based Immigration. The article (in Chinese) is published at http://epaper.uschinapress.com:81/qiaobao/html/2011-04/23/content_447965.htm.

Lei Jiang Law Firm provides quality legal services in immigration. Our attorneys are dedicated to helping clients solve problems in a quick and affordable fashion. If you have any questions or concerns, please feel free to contact us.

Categories
Immigration News

Lei Jiang LLC gave a presentation at CSU

On December 6th, 2010, attorneys from Lei Jiang LLC gave a presentation on immigration at Cleveland Marshall College of Law at Cleveland State University for international students. The presentation talked about H1B, labor certificate, investment immigration, and other immigration topics. Many students who attended the presentation found it informative and relevant.

Lei Jiang LLC provides H-1B and other immigration legal services. If you have any question or need, please contact us.

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