Why is the EB-5 grandfathering until 2026 and not 2027?

Investors can file an I-526E petition after September 30, 2026, but they will need to be confident or have other information that the Congress is likely to extend the Regional Center Program post-September 30, 2027. If the program is not renewed, then investors face the risk of not being able to continue having their I-526, green cards, or immigrant visas, and I-829s processed by USCIS. Why the law was written this way is indeed curious or unusual, but it may have been done strategically to ensure that the program is renewed again, as well as to encourage timely filings by investors.

The date of September 30, 2027 is for regional centers, and the date of September, 30, 2026 is for I-526E. If you file I-526E after 30 September 2026, your I-526E may not be adjudicated under the current version of RIA if RIA is modified or terminated after 30 September 2027. The date of 30 September 2026 is to ensure all I-526Es filed before 30 September 2026 will still be adjudicated according to the current version of RIA.

If you have any questions, please do not hesitate to contact me.

Thank you

Tony W. Wong
Attorney at Law (CA, U.S.A.)
Solicitor (England & Wales; Hong Kong)

WONG & ASSOCIATES, Lawyers, P.C.
Address: 1360 Valley Vista Drive, Suite 136, Diamond Bar, CA 91765

Tel: (626) 447-7788
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