Global Immigration Partners
The law firm draws attention to the September 2026 grandfathering cutoff, the January investment threshold increase, and the September 2027 Regional Center Program expiration
It is easy to see why there is confusion regarding EB-5 in January 2027”— Alexander Jovy
Global Immigration Partners PLLC is guiding prospective immigrant investors to get ready for a critical phase in the EB-5 Immigrant Investor Program, given that three distinct deadlines could significantly influence filing strategies, investment thresholds, and the long-term viability of the Regional Center Program.
The legal practice predicts that 2027 will usher in elevated minimum investment levels, stricter examination of filing dates, heightened pressure on visa availability, and renewed legislative discussions concerning the fundamental framework of EB-5.
The three key dates to watch are:
September 30, 2026: the legally mandated grandfathering cutoff for eligible regional center petitions;
January 1, 2027: the planned date for inflation-based adjustments to EB-5 minimum investment sums; and
September 30, 2027: the present expiration date for the EB-5 Regional Center Program.
Global Immigration Partners underscored that EB-5 is not presently slated to conclude in January 2027. Rather, January holds significance because the investment levels set forth under the EB-5 Reform and Integrity Act of 2022 are due to be revised upward to account for inflation.
At present, the minimum investment stands at $800,000 for qualifying targeted employment area and infrastructure projects, and $1,050,000 for other EB-5 investments. The exact revised amounts will hinge on the statutory formula and official government implementation.
“It is easy to see why there is confusion regarding EB-5 in January 2027,” remarked Alexander Jovy, co-Managing Partner at Global Immigration Partners PLLC. “The program is not slated for termination in January. The anticipated January event is an inflation-driven adjustment to the investment figures. The separate legislative deadline for the Regional Center Program falls on September 30, 2027.”
September 2026 Grandfathering Deadline
Per the Reform and Integrity Act, eligible regional center investors who submit Form I-526E petitions on or before September 30, 2026, receive crucial statutory safeguards if the Regional Center Program subsequently expires.
This grandfathering provision does not ensure approval, immediate visa availability, or exemption from standard adjudication procedures. Investors must still prove their eligibility, document the legal origin and movement of their funds, make the required at-risk investment, and satisfy the applicable job creation criteria.
Its primary advantage lies in continuity. Qualifying petitions submitted by the deadline should remain eligible for adjudication even if Congress later permits the Regional Center Program to lapse.
Investors are still able to file after September 30, 2026, given that the Regional Center Program is currently authorized through September 30, 2027. However, filings made after this date will not benefit from the same statutory grandfathering protections and may thus face heightened uncertainty if reauthorization is postponed or the program undergoes major changes.
“The September 2026 deadline should not be mistaken for the program’s expiration,” Jovy clarified. “It signals the conclusion of a specific statutory safeguard. Investors who file later might still qualify for EB-5, but their situation could become more precarious as the September 2027 sunset draws near.”
Global Immigration Partners anticipates several factors will define EB-5 throughout 2027.
First, inflation-triggered investment hikes may motivate prospective investors to accelerate their planning and filings ahead of the new thresholds taking effect. Investors should not presume that simply executing project documents or moving funds will automatically lock in the current investment amount; the relevant regulations and filing criteria demand careful review.
Second, the distinction between protected pre-September 2026 petitions and subsequent filings is likely to grow more critical as congressional discussions progress.
Third, visa availability may become more constrained. Demand from high-volume nations could result in the creation or advancement of cut-off dates across both reserved and unreserved EB-5 categories. An approved I-526E petition does not ensure an immigrant visa will be immediately accessible, and wait times can vary based on an applicant’s country of birth, priority date, and petition category.
Fourth, USCIS is expected to persist in its focus on compliance and integrity. Oversight of regional centers, promoter disclosures, fund management, job creation methodologies, project documentation, and the lawful source and movement of investment capital are likely to remain central to adjudication reviews.
Finally, 2027 is poised to feature active debates over reauthorization. Congress might extend the Regional Center Program without substantive alterations, introduce targeted amendments, attach the program to broader legislation, or allow negotiations to stretch close to the deadline. A temporary shutdown remains feasible if lawmakers fail to act promptly.
What Happens if Congress Does Not Renew the Program?
If Congress takes no action, the Regional Center Program’s current authorization is set to conclude after September 30, 2027. This would not necessarily eliminate the direct EB-5 category, which operates under a separate statutory framework and typically requires the investor’s enterprise to generate qualifying jobs directly.
Regional center investors who submitted their petitions correctly by September 30, 2026, would hold the strongest legal safeguards against a future lapse. Those filing after that date could encounter uncertainty unless Congress introduces new transitional measures or the government implements a legally defensible approach for pending applications.
Global Immigration Partners advised investors against reacting to these deadlines by making hasty decisions on unsuitable projects or filing incomplete petitions. Immigration eligibility and investment risk are distinct matters, and EB-5 capital must stay at risk. Independent financial and securities due diligence should therefore complement immigration guidance.
“The most probable scenario for 2027 is not the immediate disappearance of EB-5 in January,” Jovy added. “It is a year marked by higher investment thresholds, heightened focus on filing dates, potential visa strains, and serious negotiations over the program’s future. Investors who initiate their eligibility and source-of-funds planning early will be better equipped to make well-informed choices.”
About Global Immigration Partners PLLC
Global Immigration Partners PLLC is a U.S. immigration law practice headquartered in Washington, D.C., with a global footprint serving businesses, entrepreneurs, investors, and families. The firm assists EB-5 investors with eligibility, legal source and movement of funds, project-specific immigration issues, Form I-526E petitions, adjustment of status, consular processing, and removal of conditions.
For further details, visit www.globalimmigration.com.
Article Written by:
Alexander Jovy, Co-Managing Partner at Global Immigration Partners.
Reviewed by:
Ruairidh Campbell , Senior U.S. Attorney, Co-Managing Partner.
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Substantial EB-5 Revisions and Policy Uncertainty Ahead in 2027
