The EB-5 policy in 2026 is entering a pivotal phase with two decisive milestones: the grandfathering deadline of September 30, 2026, and the adjustment of minimum investment amounts beginning in January 2027. If you are considering U.S. immigration through investment, these are essential developments you should understand before making a decision.
EB-5 Reform and Integrity Act of 2022: The Foundation of Today’s EB-5 Policy
The 2026 EB-5 policy builds upon the foundation of the 2022 EB-5 Integrity and Reform Act.
To understand the changes ahead, it is important to revisit the starting point. The EB-5 Reform and Integrity Act (RIA), enacted by the United States Congress in March 2022, is the most significant legislation shaping the current framework of the EB-5 program.
The RIA was introduced following a period of uncertainty when the Regional Center Program experienced multiple interruptions due to delays in congressional reauthorization, leaving tens of thousands of investors worldwide in legal limbo.
To prevent history from repeating itself, the RIA not only reauthorized the program but also introduced two entirely new mechanisms.
First, it established a grandfathering provision designed to protect already-filed applications from future legislative changes.
Second, it implemented an automatic inflation-adjustment mechanism for investment thresholds, scheduled to take effect every five years beginning January 1, 2027.
These two provisions are precisely why 2026 has become the most important year in the modern history of the EB-5 program.
September 30, 2026: What Is the Grandfathering Deadline and Why Does It Matter?
“This is the most important date in the modern history of the EB-5 investor program.” National Law Review, March 2026
September 30, 2026, is the final date on which USCIS can accept EB-5 applications that qualify for grandfathering protection under the Reform and Integrity Act of 2022.
This provision does not change EB-5 adjudication standards, does not guarantee approval, and does not eliminate visa backlogs.
Its sole purpose is to protect pending applications if Congress fails to renew the Regional Center Program.
Simply put, I-526E petitions filed before September 30, 2026, receive statutory protection against potential program expiration or legislative changes.
Investors who file after that date will be subject to whatever decisions Congress makes in 2027 and beyond.
What Happens If You File After September 30, 2026?
The period between October 1, 2026, and December 31, 2026, is considered a transitional phase with a lower degree of certainty.
The minimum investment amount will remain unchanged at $800,000. However, investors will no longer benefit from grandfathering protection. Beginning January 1, 2027, the minimum investment amount will automatically increase based on inflation adjustments mandated by law.
Important Note: “Authorized Through 2027” Does Not Mean “Protected Until 2027”
One common misconception among investors is that because the Regional Center Program is currently authorized through September 30, 2027, they remain protected until that date.
In reality, grandfathering protection expires one year earlier on September 30, 2026. This distinction is critically important. New U.S. Investment Visa Policy: Higher Investment Thresholds Beginning January 2027 This is the second major change and the one with the most direct financial impact on investors. The minimum EB-5 investment amount is expected to increase by approximately $100,000–$150,000 on January 1, 2027, as required by law.
Current projections indicate:
TEA (Targeted Employment Area) investments may increase from $800,000 to approximately $900,000. Standard EB-5 investments may increase from $1,050,000 to approximately $1,200,000. These projections are based on the cumulative Consumer Price Index for All Urban Consumers (CPI-U) from January 1, 2022, through the adjustment date. As of January 2026, the CPI-U had increased by approximately 16.7% compared with December 2021, resulting in a projected TEA investment threshold of approximately $900,000 beginning January 2027.
Three Key Dates Every Investor Should Remember
Congressional Reauthorization of EB-5: What Scenarios Could Occur After 2027?
Because the EB-5 Regional Center Program is currently authorized only through September 30, 2027, the sunset date is approaching.
This is expected to drive a substantial increase in application volume throughout 2026 as investors and industry stakeholders accelerate their plans. Applications submitted before September 30, 2026, will benefit from grandfathering protection, likely resulting in a significant surge in filings. From a policy perspective, industry advocacy groups are actively lobbying Congress to: Maintain short-term grandfathering protections for investors. Secure multi-year reauthorization of the Regional Center Program. Ultimately achieve permanent authorization. However, the final outcome will depend on congressional priorities.
Why Vietnamese Investors Should Not Wait Until the Last Minute
VITA CAPITAL assists investors in filing applications on time according to the EB-5 2026 policy.
Historically, every major EB-5 deadline has triggered a wave of last-minute filings.
As September 2026 approaches, investors should expect increased processing congestion and longer preparation timelines. Those who file early will avoid these bottlenecks and gain important advantages in processing efficiency and earlier priority dates. An earlier priority date may significantly reduce overall waiting time, particularly for investors from countries experiencing high demand. For Vietnamese investors, this may be the optimal time to act because three favorable factors are converging simultaneously:
The minimum investment amount remains at $800,000 the lowest level available. Maximum legal protection under the RIA 2022 remains in effect. The filing system has not yet experienced the anticipated surge of late-stage applications.
What Benefits Are Secured by Filing Before September 30, 2026?
Investors who submit an I-526E petition before the deadline gain protection in three critical areas:
Legal Protection
The application continues to be processed normally regardless of whether the program expires. USCIS remains legally obligated to continue adjudication and visa issuance.
Financial Protection
Investors lock in the current minimum investment amount and avoid the projected increase of approximately $100,000 beginning January 2027.
Strategic Advantage
An earlier priority date generally translates into a shorter Green Card waiting period. This advantage is particularly important for investors from countries facing visa backlogs.
VITA CAPITAL Supports Vietnamese Investors in Filing Before the Deadline
As the EB-5 policy landscape evolves in 2026, choosing an experienced advisory firm may be one of the most important factors influencing the outcome of an application.
VITA CAPITAL supports Vietnamese investors through a proven ecosystem of strategic partners:
Toppins Law Firm, P.C., a U.S. immigration law firm with more than 30 years of experience in immigration and international investment matters. FirstPathway Partners (FPP), a Regional Center operating since 2008 with an outstanding track record and a 100% success rate in obtaining permanent Green Cards. In addition to EB-5 services, VITA CAPITAL provides comprehensive immigration and visa solutions for the United States, Australia, Canada, and Europe through programs including EB-3, L-1 visas, student visas, and visitor visas. The time remaining before the September 30, 2026 deadline is limited. Begin your case evaluation today to ensure you remain among the investors receiving the highest level of legal protection available under current law.
