If you are considering an EB-5 investor visa, September 30, 2026 is the most important date on your calendar. Filing your I-526E petition by that date locks in the current $800,000 minimum investment for Targeted Employment Areas (TEAs). After that, the inflation adjustment provision under the EB-5 Reform and Integrity Act of 2022 is expected to raise the TEA minimum to roughly $900,000 to $950,000 starting January 1, 2027. The non-TEA minimum, currently $1,050,000, will also increase.
At The Lozano Law Firm, Board-Certified Immigration Attorney Alfredo Lozano helps investors navigate every stage of the EB-5 process, from selecting the right project to preparing the I-526E petition. This guide explains what the September 30 deadline means, who it affects, and what you need to do now to protect your investment amount.
What the September 30 Deadline Means
The EB-5 Reform and Integrity Act of 2022 (RIA) reauthorized the EB-5 regional center program and introduced a provision requiring USCIS to adjust the minimum investment amounts every five years based on the Consumer Price Index. The first adjustment is scheduled for January 1, 2027.
Petitions filed on or before September 30, 2026 are grandfathered under the current investment minimums. This means that even if the adjustment takes effect in January 2027, investors who filed before the deadline will not be required to increase their investment to the new amount.
For TEA investments, the current minimum is $800,000. Industry projections based on CPI data suggest the post-adjustment minimum could land between $900,000 and $950,000. That is a potential increase of $100,000 to $150,000 for the same visa category.
For non-TEA investments, the current minimum is $1,050,000, and the adjusted amount will be proportionally higher.
The message is straightforward: if you are going to invest, filing by September 30 saves you a significant amount of money.
Who Should Act on This Deadline
Prospective EB-5 investors who have not yet filed.
If you have been researching EB-5 or comparing it to other visa options like the E-2 Treaty Investor, the September 30 date should accelerate your decision. The longer you wait, the less time you have to complete the source-of-funds documentation that every I-526E petition requires.
Investors already working with a regional center. If you have selected a regional center project but have not yet filed your I-526E, your focus should be on completing the petition package and getting it submitted before the deadline. Coordinate with your regional center and your immigration attorney to identify any documentation gaps now, not in September.
E-2 visa holders considering a green card. The EB-5 is one of the few investor visa pathways that leads directly to permanent residence. If you currently hold an E-2 visa and are looking for a long-term solution, the grandfathering provision makes now the most cost-effective time to file.
Family members. Derivative beneficiaries (spouse and unmarried children under 21) are included in the principal investor’s I-526E petition. There is no separate investment requirement for family members, but the Child Status Protection Act (CSPA) may be relevant for children approaching their 21st birthday. Filing sooner preserves more protection against aging out.
What the I-526E Petition Requires
The I-526E is not a simple form. It requires extensive documentation proving that your investment meets all EB-5 requirements. The core elements include:
Lawful source of funds. You must demonstrate that the investment capital was lawfully obtained. This includes tax returns, business records, property sale documents, gift or inheritance documentation, loan agreements, and bank statements showing the trail of funds from their origin to the EB-5 investment. Source-of-funds documentation is the most time-consuming and scrutinized part of the petition.
Investment in a qualifying new commercial enterprise. The investment must be in a new commercial enterprise (created after November 29, 1990, or a restructured existing business). For regional center investments, the project must be affiliated with an approved regional center.
TEA designation. If you are investing the $800,000 minimum, the project must be located in a Targeted Employment Area, defined as a rural area or an area with unemployment at least 150% of the national average. TEA designations can change, so verify the current status of your chosen project area.
Job creation. Each EB-5 investment must create at least 10 full-time jobs for qualifying U.S. workers. For regional center investments, indirect and induced jobs counted through economic modeling satisfy this requirement. For direct investments, the jobs must be directly employed by the commercial enterprise.
At-risk investment. The capital must be genuinely at risk in the business. Simply placing funds in escrow or in a guaranteed-return arrangement does not satisfy the at-risk requirement.
Steps to Meet the September 30 Deadline
If you have not yet started, here is a realistic timeline for filing before the deadline:
Weeks 1-2: Select a project and engage an attorney.
If you have not already chosen a regional center project or a direct investment opportunity, begin immediately. A board-certified immigration attorney can help evaluate projects and identify red flags.
Weeks 2-4: Compile source-of-funds documentation.
This is the step that takes the longest and where most delays occur. Gather tax returns, financial statements, property records, and bank statements. If funds involve gifts, loans, or business earnings, additional documentation will be required. Do not underestimate this step.
Weeks 4-6: Prepare the I-526E petition. Your attorney drafts the petition, assembles supporting evidence, and reviews the complete package for consistency and completeness.
Week 6-7: File with USCIS. Submit the petition with the filing fee ($3,675 for I-526E) via a trackable delivery method. Retain proof of filing date.
This timeline leaves very little buffer. If your source-of-funds documentation is complex (multiple businesses, international transfers, inherited wealth), you may need more time. Starting in August gives you a realistic path to September 30.
Common Mistakes to Avoid
Waiting until September to start. Source-of-funds documentation alone can take 4 to 8 weeks to compile. If you begin in mid-September, you will almost certainly miss the deadline.
Choosing a regional center without due diligence.
Not all regional centers are equal. Some have poor track records, pending SEC investigations, or projects that may not receive TEA designation. Your attorney should review the offering documents, the regional center’s approval status, and the project’s job-creation methodology.
Filing an incomplete petition to beat the deadline.
USCIS will reject a petition that is materially incomplete. A rushed, incomplete filing does not preserve the grandfathering benefit. The petition must be substantially complete and properly filed.
Ignoring CSPA for children near 21. If your child is approaching their 21st birthday, filing sooner provides more CSPA protection. Once a child ages out, they lose derivative beneficiary status and would need their own petition.
Frequently Asked Questions
What is the new EB-5 investment amount after January 2027?
The exact amount has not been officially published, but industry projections based on CPI data estimate the TEA minimum will increase to approximately $900,000 to $950,000. The non-TEA minimum will increase proportionally from its current $1,050,000.
Can I file a partial petition to meet the deadline?
No. USCIS requires a substantially complete I-526E petition. Filing a placeholder or materially incomplete petition will not preserve the current investment amount and may result in rejection.
What if my I-526E is denied after the deadline?
If your petition is denied, you may refile, but the new filing would be subject to the investment amounts in effect at that time. This makes getting it right the first time critically important.
How long does it take to get an EB-5 green card?
Current I-526E processing times range from 24 to 60+ months depending on the type of investment. After I-526E approval, you file for adjustment of status or go through consular processing.
Is the EB-5 better than the E-2 for long-term residence?
The E-2 visa does not lead directly to a green card, while the EB-5 does. However, the E-2 requires a lower investment and can be obtained much faster. Many investors start with an E-2 and later transition to EB-5 for permanent residence.
Do Not Let This Deadline Pass
The September 30 grandfathering provision is a clear financial advantage for investors who act now. The difference between filing before and after the deadline could be $100,000 or more in required investment capital.
Board-Certified Immigration Attorney Alfredo Lozano has guided investors through the EB-5 process for years, from regional center selection to petition preparation to adjustment of status. His Board Certification in Immigration and Nationality Law from the Texas Board of Legal Specialization reflects the specialization that high-stakes investor cases demand.
Contact our San Antonio, Eagle Pass, or San Angelo office to start your EB-5 petition before the September 30 deadline.
