EB-5 Visa: Why timing matters before September 2026

For investors considering obtaining a U.S. Green Card through the EB-5 programme, the coming months could prove significant. Investors who properly file their EB-5 petitions by September 30, 2026 may receive an important legal protection known as "grandfathering", allowing their applications to continue to be processed under the current law even if Congress later changes, suspends or fails to renew the programme.

The minimum EB-5 investment is also scheduled to increase through a mandatory inflation adjustment beginning on January 1, 2027, as required under the EB-5 Reform and Integrity Act of 2022. While the updated amount has not yet been announced by the U.S. Department of Homeland Security, many immigration lawyers and industry analysts expect the standard-minimum investment to exceed $1 million¹. As a result, investors evaluating the programme are paying close attention to both the filing deadline and the anticipated increase in the investment threshold.

For families waiting for the “right time”, that window is rapidly closing.


EB-5 investors have been caught out before. When the Regional Center Program lapsed in 2021, new applications could not be filed until Congress reinstated it in 2022². Those who planned to apply “later” suddenly discovered that later was no longer available.

According to The American Legal Center, investors should also understand the documentation and procedural requirements associated with an EB-5 application, including documenting the lawful source of investment funds and the steps required to prepare and file an application.

The EB-5 programme may be relevant for:

• Parents planning a U.S. education and future for their children.
• Entrepreneurs seeking to establish or expand a business in the United States.
• Investors interested in obtaining U.S. permanent residence.
• Families seeking greater global mobility and long-term security.
• Individuals considering the programme ahead of the anticipated increase in the minimum investment.

Commenting on the current landscape, Shai Zamanian, Founder and Legal Director of The American Legal Center, said understanding the filing timeline, the anticipated investment increase, and the legal framework can help investors make informed decisions while the current filing window remains open.

To help prospective applicants understand these developments, The American Legal Center will host a complimentary U.S. EB-5 Investor Seminar in Dubai on August 16, where U.S. licensed immigration attorneys will discuss the September 30 filing deadline, the anticipated increase in the minimum investment, documentation requirements, lawful source of funds, and the steps involved in preparing and filing an EB-5 application.

For event information and registration, click here.

Reference/s:

1. Reference 1
2. Reference 2