For any prospective EB-5 investor that has just discovered EB-5 or is early in the process, they will likely miss the upcoming September 30 th grandfathering deadline. However, there is yet another deadline in 2026 that should serve as motivation to invest and file their I-526E prior to the end of the year.
Beginning January 1, 2027, the minimum EB-5 investment amount is scheduled to increase automatically under the Reform and Integrity Act’s inflation-adjustment provisions. The investment increase will be significant, perhaps as high as $950,000 for rural, high unemployment, and infrastructure projects.
Current EB-5 Investment Amounts
Under the RIA, which was enacted in March 2022, the current minimum investment is $1.05 million for a standard EB-5 investment. For investments in a Targeted Employment Area (TEA), including qualifying rural and high-unemployment-area projects, as well as qualifying infrastructure projects, the minimum investment is currently $800,000.
These amounts have been in effect for petitions filed on or after March 15, 2022. However, Congress built an automatic inflation-adjustment mechanism into the RIA. Consequently, the $800,000 and $1.05 million figures are not intended to remain permanent.
How the January 1, 2027, Increase Will Be Calculated
The 2027 adjustment is different from a discretionary increase that would require Congress to pass new legislation. The RIA specifically provides for an automatic adjustment beginning January 1, 2027, and every five years thereafter.
For the standard minimum investment, the adjustment is based on the cumulative annual percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), All Items, U.S. City Average, as reported by the U.S. Bureau of Labor Statistics. The calculation looks at the change in the CPI-U between January 1, 2022, and the applicable adjustment date. The resulting investment amount is then rounded down to the nearest $50,000.
For TEA and qualifying infrastructure investments, the adjusted minimum will equal 75% of the adjusted standard investment amount. These amounts will also be subject to the statutory rounding rules.
Additionally, the exact 2027 investment amounts have not yet been officially announced. Therefore, prospective investors should be cautious about relying on specific dollar figures being circulated as projections. What is established by law is the adjustment mechanism and the January 1, 2027, effective date. DHS is required to publish the updated amounts.
Why Filing Before January 1, 2027, Matters
The adjustment applies to petitions filed on or after the effective date of the new amounts. In practical terms, an investor who properly files an I-526E petition before January 1, 2027, can seek to qualify under the investment amount in effect at the time of filing. An investor who waits until January 1 or later will generally be subject to the newly adjusted minimum.
This distinction is particularly important because the increase is tied to inflation accumulated since 2022. The exact increase will not be known until the government publishes the adjusted amounts, but the statutory formula means the current $800,000 and $1.05 million thresholds will not simply carry forward into 2027.
For an investor who has already decided to pursue EB-5 but cannot complete the process by the September 30 grandfathering date, the remaining months of 2026 therefore represent an opportunity to work toward filing before the investment amount changes.
Start With Source-of-Funds Documentation
One of the most important steps prospective investors can take now is to begin assembling their source-of-funds documentation. EB-5 investors must demonstrate that their investment capital was obtained through lawful means and provide documentation establishing the source and path of the funds.
Depending on the investor’s financial history, this can require tax returns, employment records, business records, bank statements, property purchase and sale documents, loan documents, gift documentation, inheritance records, corporate records, and other evidence. Funds that have moved through multiple accounts or countries can require additional documentation to establish the complete path of the capital.
Starting this process early can be particularly valuable because source-of-funds documentation is often one of the more time-consuming portions of an EB-5 petition. Investors should work with qualified EB-5 immigration counsel and tax or financial professionals, where appropriate, to identify documentation gaps before the filing is assembled.
Identify the EB-5 Project Early
Investors should also identify the EB-5 project they intend to invest in as early as possible. Selecting a project is not simply a matter of choosing a preferred investment opportunity. Investors and their advisors typically review the project’s business plan, economic analysis, offering documents, capital stack, job-creation projections, developer and sponsor information, and other project-specific materials as part of the due-diligence process.
Once an investor has selected a project, the investment and subscription process can begin. Having the project decision made well in advance of the end of 2026 gives the investor, immigration attorney, and regional center time to coordinate the documentation required for filing.
Make Sure the Investment Is Ready for Filing
Because the investment amount applicable to a petition is tied to the filing date, investors should not assume that simply signing documents or expressing an intention to invest will preserve the current investment threshold. The petition must satisfy the applicable EB-5 investment requirements, including the requirement that the qualifying capital be invested as required by the statute and regulations.
Investors should therefore work with their EB-5 counsel and the project’s regional center to establish clear funding and filing timeline. The objective should be to have the investment, source-of-funds documentation, petition forms, and supporting evidence sufficiently prepared well before the end of December rather than relying on a last-minute filing.
Do Not Wait for the Exact 2027 Amount to Be Announced
It may be tempting for investors to wait until DHS announces the precise 2027 investment amounts before deciding whether to move forward. However, waiting for the final numbers could leave considerably less time to prepare the petition.
The formula is already established by law. The current minimums are $1.05 million for standard investments and $800,000 for qualifying TEA or infrastructure investments, and the new amounts will be based on cumulative CPI-U changes since 2022.
For investors who already know they want to pursue EB-5, the more productive approach may be to begin preparing now rather than waiting for the final number. If the investor can file before January 1, 2027, the petition can be filed under the investment amount applicable before the adjustment.
The above article is intended for informational purposes only. Any with specific questions relating to their potential EB-5 investment or process should consult with an experienced immigration attorney.
