Three key EB-5 dates now shape investor planning. Two are fixed: November 30, 2026, when new EB-5 filing fees take effect, and January 1, 2027, when the minimum investment amounts adjust. The third moves month to month with the Visa Bulletin, which controls when concurrent filing is available. All three follow September 30, 2026, the last filing date covered by the statute’s grandfathering protection. For anyone weighing the EB-5 path, each date affects cost, timing, or both. For an H-1B holder, these dates are the timing engine behind Behring’s H-1B to EB-5 guide, whether the trigger is a sudden layoff or another policy reversal.
September 30, 2026: The Last Grandfathered Filing Date
The EB-5 Reform and Integrity Act of 2022 (RIA) reauthorized the Regional Center Program through September 30, 2027. It also includes a grandfathering protection tied to September 30, 2026: if the regional center program’s authorization expires, DHS must continue processing regional center petitions filed on or before that date (8 U.S.C. 1153(b)(5)(S)). An I-526E (Immigrant Petition by Regional Center Investor) filed on or before September 30, 2026 keeps that protection. One filed on or after October 1, 2026 is not covered by it.
November 30, 2026: New EB-5 Filing Fees
On September 30, 2026, DHS published a final rule that sets new EB-5 filing fees for any petition, application, or request postmarked on or after November 30, 2026 (91 FR 61940). The initial I-526E fee rises from $3,675 to $7,850, and the I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) fee rises from $3,750 to $5,000. Until November 30, the current fees apply. For every form, and for which fee applies by filing date, see the new EB-5 filing fees.
January 1, 2027: The Minimum Investment Increase
The RIA set the minimum EB-5 investment at $800,000 for an investment in a Targeted Employment Area (TEA) or an infrastructure project, which covers most regional center offerings, and $1,050,000 otherwise. Beginning January 1, 2027, and every five years after that, both amounts adjust automatically for petitions filed on or after each adjustment date (8 U.S.C. 1153(b)(5)(C)(iii)). A petition filed before January 1, 2027 is governed by the current amounts. DHS updates the amounts by publishing them in the Federal Register, and until it does, any figure is an estimate. For how the formula works, see the scheduled investment amount adjustment. The amount that applies also shapes 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. In the October 2026 bulletin, the first of fiscal year 2027, the unreserved category shows final action dates of December 1, 2023 for India and December 1, 2016 for China (mainland born), and the three set-asides remain current for every country. 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
Timing is where Behring’s project mix matters most. Its CIVIC project sits in the infrastructure set-aside, one of the reserved categories that has stayed current, and a Behring high-unemployment-area project drew an I-526E approval in record time, the difference between filing inside the window and missing it.
Two of these dates are fixed and one moves with visa demand. To map your timeline against them, schedule a consultation or request an EB-5 investment plan, and consult your own qualified immigration and securities counsel before you file.
Frequently Asked Questions
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.
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