EB-5 Grandfathering Deadline: What Investors Must Know Before September 30, 2026

The EB-5 Regional Center Program stands at a critical juncture.

While the program is currently authorized through September 30, 2027, there is another date that carries even greater importance for investors:

September 30, 2026 — The EB-5 Grandfathering Deadline.

This is the final date to file an I-526E petition and secure protection under the grandfathering provision of the EB-5 Reform and Integrity Act (RIA). Understanding the difference between these two dates could mean the difference between a secure green card pathway and years of legal uncertainty.

What Is the Grandfathering Clause?

The grandfathering provision is one of the most important investor protections ever enacted in the EB-5 program.

Passed as part of the Consolidated Appropriations Act of 2022, the EB-5 Reform and Integrity Act was Congress’s response to the chaos created by the 2021–2022 program lapse, when USCIS halted all EB-5 processing and left thousands of investors stranded in immigration limbo.

The RIA solved that problem — but only for investors who file on time.

What the Grandfathering Clause Guarantees

If an investor files an I-526E petition on or before September 30, 2026, USCIS is legally required to continue adjudicating the case even if the EB-5 Regional Center Program later expires or lapses.

That means:

• Your petition will continue to be processed
• You can obtain conditional permanent residence
• You can file your I-829 petition
• You can receive your permanent green card

Even if Congress fails to reauthorize the program after 2027.

Two Different Deadlines — Two Very Different Legal Outcomes

Many investors mistakenly focus only on September 30, 2027, the current program expiration date. That is a critical mistake.

There are two completely different deadlines — and they have very different legal consequences.

Deadline	Significance	Investor Impact
September 30, 2026	Last day to qualify for EB-5 grandfathering protection	Case remains protected even if the program lapses
September 30, 2027	Current program authorization expires	Congress must reauthorize for new filings to continue

Only petitions filed on or before September 30, 2026 receive statutory grandfathering protection.

Why the RIA Changed the EB-5 Landscape

Before the RIA, every program lapse meant total paralysis.

When the Regional Center Program expired in July 2021:

• USCIS stopped processing all EB-5 petitions
• No applications moved forward
• No timelines existed
• No legal guarantees applied
• Lawsuits followed
• Investor confidence collapsed

The RIA’s grandfathering clause was designed to permanently end that uncertainty — but only for those who file before the statutory deadline.

It is both:

• A shield for investors
• A clear incentive to act early

Notably, during the RIA’s implementation, Behring Regional Center played a leading role in industry litigation that successfully challenged USCIS’s initial interpretation of the statute, helping preserve continuity for existing regional centers and protecting investors’ ability to move forward under the new law.

What Investors Should Do Now

For potential EB-5 investors, the message is clear:

File your I-526E petition on or before September 30, 2026.

This is not a suggestion. This is the single most important deadline in the EB-5 calendar.

Investors should begin working backward from that date:

• Project selection
• Due diligence
• Source of funds documentation
• Legal review
• Subscription execution
• Capital deployment
• USCIS filing

All of this must be completed before September 30, 2026. If your petition is filed after that date, it is not grandfathered.

Why Behring Investors Are Uniquely Positioned

For investors considering EB-5 through Behring Regional Center, this represents a uniquely compelling window of opportunity.

Several factors align to create a powerful alignment of immigration security and investment fundamentals:

• RIA grandfathering protection
• Behring’s proven development track record
• Completed projects and successful exits
• Institutional underwriting discipline

The Risk of Waiting

Investors who file before the grandfathering deadline gain several critical advantages:

1. Statutory Protection

Your case is protected by federal law against any future program lapse.

2. Reduced Political Risk

You are insulated from legislative delays, rule changes, fee increases, or litigation.

3. Market Positioning

Demand often accelerates as major deadlines approach, creating potential congestion at USCIS and among immigration attorneys.

4. Peace of Mind

Your family’s immigration path is secured regardless of political outcomes.

By contrast, investors who wait until after September 30, 2026 assume unnecessary risk. If the program lapses in 2027 or beyond, they could face the same limbo that hurt the EB-5 market just a few years ago.

Looking Ahead

The September 30, 2026 grandfathering deadline represents a rare convergence of certainty and urgency.

It is:

• A deadline set in statute
• A protection that cannot be extended
• A safeguard that cannot be waived
• A decision point that will define thousands of immigration outcomes

The grandfathering deadline represents an opportunity to welcome investors who understand the stakes and are ready to act decisively to secure their family’s future while participating in high-quality U.S. real estate development and job creation.