How will USCIS treat my EB-5 petition after september?

Any petition filed by September 30, 2026 will be protected by the “grandfathering” provision of the EB-5 Reform and Integrity Act of 2022 (RIA).
Although the EB-5 Regional Center program is currently authorized through September 30, 2027, only petitions filed by September 30, 2026 will be protected in the event of a program lapse in 2027. Anyone planning to file an EB-5 petition should strongly consider doing so by September 30, 2026.
However, it is important to bear in mind that the lapse applies only to the Regional Center program and direct EB-5 investment would remain an option even in the event of a lapse. Also, the Regional Center program has been reauthorized several times over the years with lapses on only a few occasions. Just because the program is set to lapse does not mean that it will.

I presume by the nature of your question that you are referencing an EB-5 filing submitted pursuant to the RIA. Our expectations are that the USCIS is expected to apply the same level of rigor and attention to EB-5 petitions regardless of whether you apply before or after the September deadline, albeit only cases filed before the September 30, 2026 deadline will be grandfathered into the Regional Center program. There are a few factors to consider:

* Program Expiration or Changes: If the EB-5 Regional Center Program expires or undergoes significant changes after September (such as program reauthorization or new regulations), there may be a shift in how petitions are processed or evaluated. USCIS would likely continue processing petitions that were filed before any program expiration or change, but the criteria and procedures might evolve.

* Processing Times: EB-5 petitions can take a significant amount of time to process (months or even years), so even if you apply by September, your petition might not be adjudicated until after the deadline. During this period, USCIS is expected to adhere to current policies and processing standards, but the uncertainty around potential program changes could affect timing and the eventual outcome. Litigating delayed cases is one solution to ensure appropriate adjudication of a petition is completed in a timely manner.

* Current Standards: As of now, USCIS applies rigorous scrutiny to EB-5 petitions, including examining source of funds, job creation, and compliance with investment and legal requirements. This level of scrutiny is expected to remain consistent for petitions, regardless of the filing date, albeit of course, if the Regional Center program expires in 2027, the filing of an I-526E submitted as of October 1, 2026 or thereafter would not be given grandfathering protections.

* Possible Delays or Increased Scrutiny: If there is a rush of filings as the September deadline approaches, USCIS could experience delays in processing. Increased volume could lead to longer wait times for petitioners, but the substantive review should not differ in rigor.

* Possible EB-5 Regional Center retrogression: Retrogression occurs when the demand for immigrant visas from a particular country exceeds the supply of available visas, causing the priority date for applicants from that country to "move backward" on the Visa Bulletin. This means that applicants from those countries may face longer waits for their green card approval because their priority date is no longer current.

In conclusion, the USCIS is likely to maintain the same level of scrutiny and diligence for EB-5 petitions filed before the September deadline. However, any potential program changes or deadlines might lead to procedural adjustments, so it’s important to stay updated on any legislative or regulatory changes as September approaches.

Unless Congress extended the program, any filing after September 2026 may have trouble obtaining a visa since grandfathering expires September 30, 2026. We expect the same standard of adjudication but if you in the US and wait until the last minute, you may get caught in retrogression or a long waiting line with no clear path ahead.