March 16, 2026
March 15th, 2026. A family in Shanghai checks their bank balance one more time. The number is there—$800,000 plus fees, sitting ready to wire. But there's something else weighing on them: the September 30th deadline. If they don't file by then, everything changes.
That's the grandfathering cliff—a date that most EB-5 investors don't know exists until it's almost too late. And right now, we're less than six months away.
What is the grandfathering deadline?
The EB-5 regional center program is scheduled to expire on September 30, 2026. If Congress doesn't reauthorize it, investors who haven't filed their I-526E petitions by September 30 will lose their chance to benefit from current rules.
What does this mean practically? New EB-5 applicants after September 30 could face higher minimum investment thresholds, longer processing times, and potential changes to TEA designations.
Who is affected?
This affects investors who have funds ready but haven't filed I-526E yet, are still choosing between projects, or need to complete source of funds documentation.
The timeline reality
Project selection takes 2-4 weeks minimum, source of funds documentation takes 4-8 weeks, I-526E preparation takes 2-3 weeks, and USCIS filing takes 2-4 weeks. That's 10-19 weeks from start to filing. With less than 28 weeks until September 30, the clock is ticking.
What you should do now
1. Lock in your project choice by April 15th at the absolute latest. 2. Begin source of funds documentation immediately. 3. Consult with an EB-5 attorney before wiring funds. 4. File as early as possible—don't wait until September.
This article is for general information only and is not legal advice.
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Book Strategy SessionAbout the Author
Jinwen Liu
Managing Attorney
Attorney Jinwen Liu is the founder of Yingzhong Law Offices in San Jose, California, with 10+ years of U.S. immigration law experience. She focuses on EB-1A extraordinary ability, NIW, EB-5 investor, and H-1B petitions, and is recognized for her strategic case framing, meticulous evidence preparation, and complex RFE defense. A former immigrant herself, she provides bilingual counsel in English and Chinese. She received legal training at the University of Texas at Austin School of Law and is a member of AILA.
