The EB-5 program allows individuals to get a green card if they invest $800,000 or $1,050,000 in a business that creates 10 full-time jobs. The investment amount that is required depends on whether the business is in an area where the unemployment rate is 1.5 times the national average or a rural area. Both locations are called targeted employment areas (TEA) and result in the lower investment amount of $800,000.
The EB-5 green card program consists of two separate programs: Regional Center Investment and Direct EB-5 Investment. The direct investment program has been authorized by Congress indefinitely and as such, does not require periodic reauthorization. The Regional Center program, however, must be periodically reauthorized by Congress.
The current authorization runs through September 30, 2027. In theory, this means that Congress does not need to take any action before that date to keep the program active. So why are many people discussing September 30, 2026 as an important date?
- Regional Center program is authorized until September 30, 2027, while Direct EB-5 is permanently authorized and does not need reauthorization.
- Under the EB-5 Reform and Integrity Act (RIA), USCIS must keep adjudicating Regional Center petitions filed before September 30, 2026, even if the program later expires.
- Changes under the RIA include stricter TEA designation, visa set‑asides for rural/high‑unemployment/infrastructure projects, and procedural benefits like concurrent filing and 245K relief.
Why September 30, 2026 Matters for Regional Center Program Investors
The concern stems from changes made to the EB-5 program in 2022. Prior to June 30, 2021, the regional center program was re-authorized without significant disruption. Even when brief delays occurred, they generally did not impact adjudications.
However, in June 2021, the Regional Center program lapsed. During the lapse, USCIS stopped adjudicating Regional Center filings, leaving many investors and projects in a state of uncertainty and limbo.
Understanding Regional Center Program Protections Under the RIA
In March of 2022, Congress passed the EB-5 Reform and Integrity Act (RIA) which reauthorized the Regional Center program and introduced significant changes to the program. Under the new rules, petitions filed before September 30, 2026 must continue to be adjudicated by USCIS, even if the program later expires.
As a result, many investors and developers are focusing on filing before that date to ensure their petitions will continue to be processed. This provision was designed to prevent investors from being left in limbo during a future lapse.
Key Changes Introduced by the Reform and Integrity Act
There were a number of changes in the act that have been summarized below:
Program Authorization and Adjudication Protection
Regional center program was reauthorized until Sept. 30th, 2027. This means that Congress will not have to do anything prior to that time to keep the program going. As such, the “official” program stop date if not reauthorized is this date.
Additionally, Regional center filings filed before Sept. 30th, 2026, will be adjudicated to avoid delays and uncertainty. This means that if a petition is filed prior to Sept, 30th, 2026, USCIS will adjudicate the petition.
Change of TEA Rules
U.S. government determines what is a TEA, which makes it harder to qualify for the lower investment amount.
EB-5 Projects Set Aside
This means that all countries that invest in a TEA or an infrastructure project will benefit from this set aside regardless of their country of origin. All of these categories are current right now for all countries but some are expected to become backlogged soon.
- 20% of EB-5 visas for rural areas
- 10% for high unemployment areas
- 2% for infrastructure projects
EB-5 Filing and Direct Investment Changes
For direct investment, you can now only file one EB-5 petition per entity. This is a drastic change where in the past multiple investors could file EB-5 petitions for a single entity provided 10 jobs were created for each investor.
Furthermore, the ability to file an I-485 petition concurrently with an I-526 has improved the lives of many as people in the U.S. are in a period of authorized stay after an I-485 filing and can file for work and travel authorization.
245K Now Available
This relief was not previously available for EB-5 petitions but the new rules changed this. This gives certain relief for people that have 6 months of overstay or 6 months of unauthorized work.
Conclusion: Preparing for Future EB-5 Deadlines
Overall, the changes introduced by the Reform and Integrity Act were largely welcomed by the EB-5 community. However, the change related to adjudications of petitions filed prior to September 30, 2026 will create a push for regional center petitions to be filed prior to that deadline.
Given the current political gridlock in Congress, many investors and project sponsors prefer to file before this deadline to minimize the risk of uncertainty in the future.
Take the Next Step Toward Your U.S. Residency
Navigating the complexities of U.S. immigration requires a tailored strategy that aligns with your professional background and financial goals. Whether you are ready to move forward with a specific pathway or are still weighing your options, our firm is here to provide the expert guidance you need.
You can schedule a consultation with our legal team to discuss your eligibility, sign up for our upcoming immigration webinars to learn more about the latest policy updates, or download our free immigration guides for an in-depth look at these programs. Additionally, we invite you to browse our extensive library of EB-5 articles covering every aspect of it.
