Three Key EB-5 Dates Every Investor Should Have on Their Radar

The EB-5 Immigrant Investor Program has always rewarded good timing, especially right now. Three dates are converging, and each one changes what an investment is worth, who qualifies, and which benefits come with filing. For anyone weighing the EB-5 path, understanding them is the difference between locking in today’s terms and watching the window narrow. For an H-1B holder that is not abstract, it is the timing engine behind Behring’s H-1B to EB-5 guide, and it applies whether the trigger is a sudden layoff or another policy reversal.

September 30, 2026: The Grandfathering Deadline

The EB-5 Reform and Integrity Act of 2022 (RIA) reauthorized the Regional Center Program through September 30, 2027, with a protection investors should not overlook. Petitions filed on or before September 30, 2026 are grandfathered: USCIS keeps processing them under existing rules even if the program later lapses or changes. While there is reason to believe these protections will be extended, filing before the deadline insulates your I-526E (Immigrant Petition by Regional Center Investor) from the lapse of protection and eventual reauthorization risk that has long surrounded EB-5. Your place in line is secured under today’s framework, instead of betting on what Congress does in the long term.

January 1, 2027: The Minimum Investment Increase

The RIA set the minimum EB-5 investment at $800,000 for a project in a Targeted Employment Area (TEA), which covers most regional center offerings, with automatic inflation adjustments every five years. The first takes effect January 1, 2027. The exact figure depends on inflation data, but reported projections suggest a new minimum near $950,000, roughly $150,000 more in capital for the same green card pathway. Investors who subscribe before that date lock in $800,000. After it, the same opportunity costs more, which is part of why it matters how you structure the capital.

The Visa Bulletin Window: Concurrent Filing for India and China

The third date is not on a calendar. It is set by visa demand and can move month to month. The RIA created three set-aside categories, rural, High Unemployment Area (HUA), and infrastructure, and these have stayed current in the Visa Bulletin for every country since they began. When a category is current, an investor already in the United States can file the I-526E and the I-485 (Adjustment of Status) through concurrent filing. That can provide an Employment Authorization Document (EAD) and advance parole within months, and help families freeze a child’s age under the Child Status Protection Act (CSPA).

Current status is not permanent. In the July 2026 Visa Bulletin, the unreserved EB-5 category for India became unavailable for the rest of the fiscal year, a reminder of how fast the picture shifts. For Indian investors and other high-demand-country investors, including those from China, the set-aside categories are currently the clearest way to preserve concurrent filing. Once demand catches up, a category can retrogress, and that option closes for new applicants.

Where Behring Fits

This is where project selection matters. Behring is a vertically integrated developer and operator, and its offerings sit in the set-aside categories that have stayed current. Behring’s CIVIC project holds an I-956F approval in the infrastructure set-aside, and a Behring High Unemployment Area project received an I-526E approval in record time. Investors can hear directly from Behring clients, many of them Indian professionals, in the firm’s investor testimonials.

Two of these dates are fixed and one is unpredictable, and none rewards waiting. The practical step is to begin source-of-funds work and filing preparation now, while all three windows remain open. To map your timeline, schedule a consultation or request an EB-5 investment plan, and consult your own qualified immigration and securities counsel before you file.

Important Disclosures

This article is provided for general educational purposes only and does not constitute legal, tax, investment, or immigration advice. EB-5 eligibility, project risks, and immigration outcomes depend on specific facts, evolving USCIS policy, and individual legal strategy. Visa Bulletin availability changes monthly. Investors should consult their own qualified immigration and securities counsel regarding how these concepts apply to their particular circumstances. References to USCIS, precedent decisions, or attorney commentary are descriptive only and do not imply any guarantee of outcome in any specific case.