Immigration Law

Immigration Law

Understanding the EB 5 Program’s Critical Deadlines: What Investors Need to Know

April 16, 2026

By Michael Freestone

Download as PDF
Understanding the EB 5 Program’s Critical Deadlines: What Investors Need to Know

The EB‑5 Immigrant Investor Program continues to be one of the most reliable pathways for families seeking permanent residency in the United States through investment. But with the passage of the EB‑5 Reform and Integrity Act (RIA), timing has become more important than ever. Two key dates—September 30, 2026, and September 30, 2027—now shape the strategic landscape for investors. Understanding the difference between these deadlines can help you protect your immigration process, secure your place in line, and avoid unnecessary risk.

History of the EB‑5 Immigrant Investor Program

The EB‑5 Immigrant Investor Program was created by Congress in 1990 to stimulate the U.S. economy through foreign investment and job creation, offering eligible investors and their families a path to permanent residency in exchange for investing in a new commercial enterprise that creates at least 10 full‑time U.S. jobs. In 1992, Congress introduced the Regional Center Program, allowing investors to participate in pooled, federally designated projects and count indirect job creation, which dramatically expanded the program’s reach and popularity. Over the decades, EB‑5 has undergone significant reforms, most notably the 2022 EB‑5 Reform and Integrity Act, which modernized oversight, increased investment thresholds, and introduced strong integrity measures.

September 30, 2026, Grandfathering Deadline

Under the RIA, any EB‑5 Regional Center petition filed on or before September 30, 2026, receives powerful “grandfathering” protection. This means:

  • USCIS must continue processing your petition even if the EB‑5 Regional Center Program expires in the future
  • Your case remains valid under the rules in place at the time of filing
  • You are shielded from political uncertainty, program lapses, or regulatory changes that could otherwise disrupt your immigration process

For many families, this date represents the safest window to file. Submitting an I‑526E petition before the 2026 deadline locks in today’s requirements and ensures your case cannot be altered by future program interruptions.

September 30, 2027, Program Authorization Deadline

The EB‑5 Regional Center Program is currently authorized through September 30, 2027. Investors may still file after the 2026 grandfathering deadline and before the 2027 program expiration. However, filings made between October 1, 2026, and September 30, 2027, do not receive the same guaranteed protection.

If Congress fails to reauthorize the program after 2027:

  • Petitions filed after September 30, 2026, may be paused or left unprocessed
  • Investors could face delays, uncertainty, or the need to refile under new rules
  • Investment thresholds or program requirements could change

In short, you can file until 2027, but only filings made by 2026 are guaranteed protection.

Why Investors Should Act Before 2026

Filing before the September 30, 2026, grandfathering deadline offers several advantages:

  • Guaranteed case processing, regardless of future political developments
  • Earlier priority dates, which matter for investors from backlogged countries
  • Protection from future rule changes, including potential increases in investment amounts
  • Reduced risk of delays caused by last‑minute filing surges

Given the long‑term nature of the EB‑5 process, securing stability early is often the most prudent choice.

Investment total increases and potential fee increase in 2027

January 1, 2027, is another critical date for potential EB-5 investors, as at that point, the USCIS can increase the investment totals under RIA. In addition, new fees and changes to the program are also possible.

What This Means for You

If you are considering the EB‑5 program, the next 18–24 months represent a uniquely important window. Filing before the 2026 deadline provides the strongest legal protections available under current law. Filing after that date remains possible but carries more uncertainty.

Whether you are just beginning your EB‑5 journey or evaluating project options, now is the time to understand your timeline and prepare your strategy.

Categories: Immigration Law, Labor and Employment

Related People

Related Services

  • Overview
  • People
  • Immigration Law Blog
  • Publications & News
  • Events

Firm Highlights

  • Podcasts
    Marshall Faulk on Resilience, Reinvention, and Choosing Discipline Over Comfort
    What happens when the role that defined you suddenly changes? NFL Hall of Famer, Super Bowl champion, and Southern University head football coach Marshall Faulk joins Candace Dellacona to discuss resilience, reinvention, and finding purpose after a major life transition. Marshall shares candid lessons from life after the NFL, caring for his mother, raising children, mentoring young athletes, and learning to stay present through change. He also explains why adversity builds strength, discipline matters more than comfort, and giving children better opportunities does not mean removing every obstacle. Whether you are caring for aging parents, raising children, changing careers, mentoring the next generation, or redefining your own identity, this conversation offers a practical and inspiring playbook for moving forward with purpose. Follow Marshall Faulk on Instagram at https://www.instagram.com/marshallfaulk Follow and subscribe to The Sandwich Generation Survival Guide wherever you listen to podcasts. New conversations are released on the first and third Tuesdays of every month. If this episode resonates with you leave a five-star rating or review and share it with another sandwich generation caregiver!
  • Publications & News
    Offit Kurman’s Martin Garbus Following Successful Run of The People v. Lenny Bruce
    Offit Kurman’s Martin Garbus Following Successful Run of The People v. Lenny Bruce
  • Events
    The Women's Wealth Forum
    The Women's Wealth Forum: Personal Wealth Planning and Business Strategies for Women Business Owners and Executives This exclusive, invitation only forum brings together women business owners and executives for a conversation on building, protecting and leveraging wealth – both inside the business and beyond. Through advisor insights and peer networking, attendees will explore integrated strategies for building enterprise value and personal wealth. This program is designed for forward-thinking women leaders to gain practical advice and strategies that help align business success with personal life and legacy goals. Meet Our Speakers: Kathleen Cairns • Fallston Group Communications Strategist Kathleen Cairns is an Emmy award winning television journalist and nationally recognized communication expert who helps leaders find their voice and communicate with confidence. After more than 30 years covering high-profile stories and interviewing newsmakers under deadline, she now equips executives and organizations with the tools to deliver clear, compelling messages that inspire action. Her executive coaching focuses on voice training, body language analysis, and message development. Kathleen transforms complex ideas into messages audiences remember. Her engaging, interactive presentations leave participants with immediately applicable skills they can use in every conversation, presentation, interview, and media opportunity. Glenn Solomon • Offit Kurman Principal For 40 years, Glenn has devoted his law practice to represent substantial high growth businesses and their owners from inception to exit, along with start-up businesses which plan to attain high growth. Glenn’s focus is on strategic business planning and mergers and acquisitions across a broad spectrum of industries and sizes and types of companies. Through his years of work on hundreds of transactions, Glenn has become a trusted legal and business advisor to his clients, and understands the M & A process, challenges and pitfalls to avoid. Jill B. Steinberg, CEPA®, CDFA®, MBA • Beacon Pointe Advisors Partner, Managing Director Jill Steinberg leads Beacon Pointe’s Philadelphia office, drawing on more than three decades of experience advising clients on wealth planning and investment strategy. She is passionate about working closely with women to provide thoughtful financial guidance, particularly during periods of transition such as retirement, business expansion or sale, divorce or bereavement. Jill is actively involved in Beacon Pointe’s Women’s Advisory Institute, providing education to women clients and mentoring women colleagues. Prior to joining Beacon Pointe, Jill founded and led Walden Capital Advisors, guiding high-net-worth women and men to help them achieve their financial and life goals. She began her career in investment banking working with entrepreneurs to raise growth capital and advising companies on mergers and acquisitions. Jill serves on boards and investment committees for several local Philadelphia non-profits (including Live Like Blaine, a nonprofit founded in her daughter’s memory). Jill graduated cum laude from Princeton University with a degree in Economics, earned an MBA with distinction in Finance and Real Estate from the Wharton School of the University of Pennsylvania. Heather Brake • Chesapeake Corporate Advisors Director Heather began her career with Chesapeake Corporate Advisors in 2010. As a director in the firm's Strategy and Valuation practice, Heather is focused on financial analysis and shareholder value creation. Heather has 10 plus years of experience providing business strategy services to privately held and investor-owned businesses including strategy development, growth initiatives, shareholder value and profitability improvement. She performs business valuations for both strategic and fair market value engagements and is involved in the preparation of financial models and presentations related to strategic planning, capital/ debt raise engagements, bank financing, and succession planning. Heather is an active member of Baltimore Estate Planning Council. Heather earned a BSBA in Management from Bucknell University and an MBA in Finance from Loyola University Maryland’s Sellinger School of Business and Management. Anna Gavin • Consultant and Former CEO Fireline Corporation Anna Gavin is an executive leader, board member, and former President, CEO and owner of Fireline Corporation, a Baltimore-based fire protection services provider. As a third-generation leader, she assumed full executive and P&L accountability in 2009, scaling revenues from $20M to $60M while leading over 250 employees. Grounded in a high-performing, culture-first approach, Anna guided Fireline through continuous strategic growth, next-generation leadership development, and a successful ownership transition. Today, Anna serves as a strategic advisor, consultant, and mentor, focusing on organizational development, executive coaching, and nonprofit governance. She sits on the boards of Baltimore Hunger Project and the Fulton Bank Advisory Board, serves as Chair of the Fund for Garrison Forest School's Advancement Committee, and active committee member for Executive Alliance. Honored as an inductee into the 2026 Maryland Business Hall of Fame by the Maryland Chamber of Commerce, her legacy is defined by culture-driven growth and service to the regional business community.
  • Blog Posts
    DExit: How Texas is Building a Corporate Alternative to Delaware
    DExit: How Texas is Building a Corporate Alternative to Delaware
  • Events
    MACFO's Inside Successful CEO & CFO Partnerships
    Please join us on September 18 for an event that’s sure to be a home run! ***We will lead off by interviewing our Spotlight Speaker Series guest, Baltimore Orioles CFO, Darline Llamas Llopis.*** After, we will ask ourselves, what separates great companies from good ones? We believe that more often than not, it is the strength of the partnership between the CEO and CFO that matters, so we are bringing you three CEO/CFO leadership teams to learn from. The Associated: Jewish Federation of Baltimore – Andrew Cushnir and Sam Klein Canusa Paper & Packaging – Mike Walter and Vince Salamone EMR – Caroline Kauffman-Kirschnick and Lisa Loeffler Join us for an exclusive executive briefing – three tandem presentations followed by a panel discussion - featuring CEOs and CFOs from different but leading organizations as they share candid insights into building trust, navigating difficult decisions, driving strategic growth, and leading through today's business challenges. You'll hear firsthand how these executive teams navigate conflict, align on priorities, and build high-performing organizations. Whether you're a CFO, controller, finance executive, or an aspiring business leader, you'll leave with practical ideas and fresh perspectives you can apply immediately. Meet Our Speakers: Darline Llamas Llopis • Orioles  Chief Financial Officer Darline Llamas Llopis is in her second season with the Orioles as Chief Financial Officer (CFO). Prior to joining the Orioles, Llamas Llopis spent four seasons with the Miami Dolphins, Hard Rock Stadium, and the F1 Miami Grand Prix as Vice President of Finance and Retail. In this capacity, she managed the finance, accounting, payroll, account payables, procurement and merchandise operations for the team and race. She also previously served for four years as the Director of Finance and Controller at the Los Angeles Rams. Llamas Llopis started her career in public accounting with Ernst & Young and PricewaterhouseCoopers as a member of the Commercial Real Estate practice.  Llamas Llopis completed her MBA at UCLA Anderson School of Management and received her Master of Accountancy from the University of Southern California (USC) where she also graduated cum laude with an undergraduate degree in business. She is a member of the American Institute of Certified Public Accountants (CPA) and is an active CPA. She resides in Baltimore with her husband, Devin, and their son, Santiago. Andrew Cushnir • The Associated: Jewish Federation of Baltimore   President & Chief Executive Officer Andrew Cushnir is the President and Chief Executive Officer of The Associated, having started in the role in May 2024. He is the eighth person to serve in this role since The Associated’s founding over 100 years ago. Andrew brings a wealth of experience and a profound dedication to strengthening and enriching the Jewish community. His journey within the Jewish Federation system began as a passionate lay leader and volunteer before he transitioned into serving as a professional. He worked for the Jewish Federation of Los Angeles for twenty years, including in the roles of Chief Planning and Program Officer and Chief Development Officer. During this time, Andrew played a crucial role in reshaping the allocation process and fostering a culture of collaboration and partnership and he also led all annual, project, and emergency fundraising, as well as planned giving efforts. As a member of the Federation’s executive team, he also addressed complex community and organizational issues. Andrew and his wife Sharon Spira-Cushnir, a seasoned nonprofit human services executive, are the proud parents of two children in their early 20s. Sam Klein • The Associated: Jewish Federation of Baltimore  Chief Financial Officer Sam Klein is a seasoned nonprofit finance executive with nearly two decades of experience leading financial strategy, operations, budgeting, and organizational transformation for mission-driven institutions. As Chief Financial Officer of The Associated: Jewish Federation of Baltimore, he oversees the organization's financial operations, investment stewardship, budgeting processes, risk management, and long-term financial planning, helping advance the Federation's mission of strengthening and supporting Jewish life in Baltimore, Israel, and around the world. Throughout his career, Sam has been recognized for his ability to align financial stewardship with organizational mission, drive process improvements, implement technology solutions, and build high-performing teams. His expertise includes nonprofit finance, strategic planning, budgeting and forecasting, investment oversight, financial reporting, compliance, operational excellence, and organizational growth. Sam earned a Master of Business Administration in Finance from the Johns Hopkins Carey Business School and a Bachelor of Science in Finance and Marketing from Syracuse University. Mike Walter • Canusa's Paper & Packaging Chief Executive Officer As Chief Executive Officer of Canusa Paper & Packaging (CPP), Mike Walter leads one of the world's leading independent international brokerages of containerboard and packaging papers. Mike recently celebrated his 20th anniversary with Canusa and has overseen a doubling of the business in the past five years. Mike’s first role at Canusa was an intern before moving into a risk management role. Progressive promotions over the years led Mike to serve as Canusa's Chief Operating Officer and General Counsel, as well as General Counsel for its affiliate, Canusa Hershman before becoming the CPP CEO on January 1st, 2025. Mike graduated with a B.S. in Commerce & Engineering from Drexel University before earning his J.D. at the University of Baltimore’s School of Law. Vince Salamone • Canusa's Paper & Packaging Chief Financial Officer Vince Salamone serves as Chief Financial Officer of Canusa Paper & Packaging, overseeing the company's global financial strategy and overall operations, risk management, and other shared services. Since joining Canusa in 2018, Vince has advanced from Corporate Controller to CFO. Prior to Canusa, Vince held senior accounting and financial reporting roles at modular space leader Algeco Scotsman and supply chain real estate operator Realterm, bringing extensive expertise in finance and corporate accounting. He began his career with Deloitte, providing assurance services to clients in aerospace and defense, software, and manufacturing throughout the Mid-Atlantic. Vince attended the University of Maryland and Towson University, earning his B.S. in Accounting in 2012 and his CPA license in 2014. Caroline Kauffman-Kirschnick • The Electric Motor Repair Company President Caroline Kauffman is President of EMR, where she leads company strategy, operations, business development, and culture. Having grown up in the family business and worked in nearly every area of the organization—from accounts receivable and human resources to operations and branch leadership—she brings a unique, firsthand understanding of what drives business success. Since becoming President in 2018, Caroline has championed employee engagement, teamwork, and innovative problem-solving while helping guide EMR's continued growth. She holds a Bachelor of Science in Public Relations from York College of Pennsylvania and is active in several industry and family business organizations. Lisa Loeffler • The Electric Motor Repair Company Chief Financial Officer Lisa Loeffler is a strategic Chief Financial Officer with more than 25 years of executive leadership experience driving growth, financial transformation, and operational excellence across private equity-backed, privately held, and international organizations. She has led finance functions for companies with revenues from $40 million to $600 million, specializing in M&A, FP&A, ERP implementations, financial strategy, and organizational transformation. Known for building high-performing teams and partnering with CEOs and boards, Lisa delivers scalable solutions that strengthen financial performance, improve operational efficiency, and position organizations for sustainable growth and successful transactions. Thank You to Our Sponsors
  • Podcasts
    How to Exercise Effective Expense Control
    In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss why employers need clear expense reimbursement policies and procedures for employee purchases and travel paid with company cards or personal funds. The major points they make is employers must communicate guidelines on what qualifies as reimbursable, reduce “gray areas” to avoid confusion and disputes, and build safeguards such as requiring management approval over a certain dollar amount. There are common challenges in administering these policies day to day, including inconsistent approvals that can create precedents and confusion, and recommend involving multiple departments—such as finance, marketing, and department heads—when creating the policy to address practical questions and reduce risk from employees making decisions in the field.
  • Events
    The NIL Educational Workshop
    The NIL Educational Workshop
  • Publications & News
    Three Offit Kurman Attorneys Recognized on 2027 Georgia Super Lawyers® List and Georgia Rising Stars
    Three Offit Kurman Attorneys Recognized on 2027 Georgia Super Lawyers® List and Georgia Rising Stars
  • Publications & News
    Offit Kurman Attorney Recognized on 2027 North Carolina Super Lawyers® List
    Offit Kurman Attorney Recognized on 2027 North Carolina Super Lawyers® List
  • Podcasts
    Alpha Fly: Redefining Aesthetic Appreciation
    Offit Kurman is pleased to share the latest episode of The Legal Canvas, the estate law podcast for creative minds hosted by trust and estates attorney Caryn Keppler. This episode welcomes Alex Lee and Damian Williams, co-founders of Alphafly, an aesthetic think tank built around a system for evaluating art, culture, and beauty known as the Alpha Fly Meter. Reflecting on the philosophy behind the work, Alex Lee described Alphafly's approach: “It was never intended to be prescriptive. Which is why it’s not this is fly, but is this fly. So it’s an opportunity for discussion.” Over the course of the conversation, Lee and Williams walk through the five keys behind Alphafly's aesthetic compass — taste, creativity, detail, nuance, and self-awareness — and share stories from their work with institutions including MoMA PS1, the Guggenheim, the Whitney, and the Hirshhorn, as well as their ongoing collaboration with the Bobbi Anspach Studio Foundation. The conversation also explores the duo's mission to democratize access to fine art spaces for audiences who have historically felt excluded from them. The episode reflects the broader focus of The Legal Canvas, which each month explores the intersection of estate planning, taxes, and the arts for creators, collectors, and the institutions that support them.