September 30th is an important date for the EB-5 community. In two years, the EB-5 program will expire unless it is reauthorized by Congress. In just one year, September 30, 2026, it will mark the last day that EB-5 investors can ensure protection through the grandfather clause contained in the EB-5 Reform and Integrity Act of 2022 (RIA).
What is the RIA grandfather clause?
The clause specifically pertains to EB-5 petitions filed on or before September 30, 2026, and was included in the legislation to prevent the kinds of disruptions that previously occurred when the program during lapses in congressional reauthorization.
The grandfather clause provides that any EB-5 petition filed on or before September 30, 2026, must continue to be adjudicated by USCIS, regardless of whether the EB-5 Regional Center program is subsequently suspended, expires, or is otherwise not reauthorized. This means that even if Congress fails to extend the Regional Center program beyond its current expiration date of September 30, 2027, those who filed by the 2026 cutoff are still guaranteed that their petitions will be processed under the rules in place at the time of filing.
The Department of Homeland Security is explicitly barred from denying or halting the processing of these petitions on the basis of any future lapse in the program. Those investors who file after September 30, 2026, however, have no such protection.
Why was the grandfather clause included in the RIA?
The rationale for including this clause is rooted in lessons learned from past disruptions to the EB-5 program. Most notably, between July 2021 and March 2022, the Regional Center program was not reauthorized, leaving thousands of investors in legal limbo, unsure if or when their petitions would be adjudicated. That period of uncertainty damaged the credibility of the EB-5 program and caused significant anxiety for investors who had already committed capital and expected lawful permanent residency in return. The grandfather provision aims to prevent such a scenario from being repeated by locking in protections for those who invest and apply within the specified timeframe.
Beyond logistical concerns, the clause also plays a vital role in reinforcing investor confidence. EB-5 applicants typically commit substantial financial resources, usually $800,000, and mus wait for adjudication and green card issuance. Legal certainty is essential for such long-term commitments. By guaranteeing that applications filed by September 30, 2026, will be honored regardless of future political developments, the clause adds a critical layer of predictability and legal protection. It assures investors that their immigration pathway will not be subject to abrupt or retroactive changes in law.
Inclusion of the grandfather clause also helps stabilize the EB-5 program itself. Additionally, it provides Congress with more flexibility to deliberate on future changes or reauthorizations without harming those already in the system. From a legislative perspective, the clause represented a necessary compromise to balance stricter integrity measures with the need to uphold the trust and investments of current participants.
The EB-5 grandfather clause tied to the September 30, 2026; deadline serves as a safeguard for investors against the political and procedural uncertainties that have previously disrupted the EB-5 Regional Center program. It ensures continuity, reinforces legal protections, and encourages confidence in the reformed system. For prospective EB-5 investors, understanding and acting before this deadline is critical.
The above article is intended for informational purposes. Anyone with a specific question or issue pertaining toEB-5 and the September 30, 2026, deadline should consult with an experienced immigration attorney.
