EB-5 in Brief: A Proven Pathway for Over 30 Years
For more than three decades, EB-5 has been a reliable immigration tool. Investors can choose between:
- Direct investment in their own U.S. business — a permanent option that does not require renewal by Congress.
- Regional Center projects — the most popular path, though technically a pilot program that must be reauthorized.
In 2022, Congress passed the Reform and Integrity Act (RIA), extending the Regional Center program until 2027. The difference in popularity is clear: in 2024, only 499 EB-5 visas were issued through direct investment, while 14,002 visas went to Regional Center investors.
EB-5 Grandfathering: Why September 30, 2026 Matters
The most important deadline for EB-5 investors is September 30, 2026.
Anyone who files Form I-526E before that date will be protected by grandfathering: their petition will be processed under the rules in place at the time of filing, even if the program later changes or lapses.
This means investors have roughly one year to:
- Prepare source-of-funds documentation
- Select a qualifying EB-5 project
- Engage an EB-5 immigration attorney
- File the petition I-526/E
On average, source-of-funds work alone takes 2–4 months. As deadlines approach, attorneys become overbooked, timelines slip, and quality may suffer.
Higher EB-5 Investment Thresholds After 2027
While the risk of EB-5 not being extended is minimal, one change is guaranteed: investment amounts will increase. The 2022 RIA requires an adjustment for inflation starting in 2027.
Current minimums:
- $800,000 — TEA projects (Targeted Employment Areas: rural or high-unemployment zones)
- $1,050,000 — all other projects
From 2027, these thresholds will rise. Filing now allows investors to lock in today’s lower amounts and avoid higher costs later.
Politics and EB-5: Myths vs. Reality
On September 19, 2025, President Donald Trump signed an executive order introducing the Gold Card initiative. At this stage, it is not positioned as a standalone immigration program, but rather as an addition to the EB-2 and EB-3 categories. Instead of the previously rumored $5 million, the proposal mentions a non-refundable $1 million contribution. A potential link to EB-5 was also mentioned, but no concrete details have been provided.
It is important to understand that while a formal first step has been taken, there is no clarity on whether this initiative will be implemented — and if so, in what form. What remains certain is that the EB-5 program continues to operate fully and without change. Moreover, investors have exactly one year to take advantage of the grandfathering rule by filing before September 30, 2026 — protecting their cases from any future modifications.
EB-5 also offers distinct advantages over the proposed Gold Card: investors can qualify for a U.S. Green Card at a lower threshold ($800,000 for TEA projects) and retain the opportunity to recoup their capital.
It is also worth noting that neither President Trump nor his administration has taken any steps to cancel EB-5. According to IIUSA, since 2022 the program has brought more than $5.36 billion into the U.S. economy and helped create thousands of American jobs. For this reason, experts consider it unlikely that the administration would seek to undermine EB-5.
Still, if you are concerned that the political landscape in 2027 might complicate the program’s reauthorization, this only strengthens the argument for investing now.
Rising EB-5 Filing Fees
In addition to the higher minimum investment amount, EB-5 applicants now face increased government filing fees.
As of April 2024, the following new fees apply:
- Form I-526E — $11,160 (previously $3,675)
- Form I-829 — $9,525 (previously $3,750)
And more increases may be coming soon. USCIS is expected to introduce another round of fee adjustments as early as 2025. This makes delaying an EB-5 filing even more costly: today’s expenses are already much higher than before, and they are likely to rise further.
EB-5 Processing Times
Processing times are a central concern for any EB-5 applicant. In August 2024, USCIS released updated data showing the average timelines for 80% of cases completed over the previous six months:
- Form I-526E (Regional Center, post-RIA 2022): ~14 months
- Form I-526 (Direct investment, post-RIA 2022): ~27.5 months
For Form I-829 — the petition to remove conditions and convert to a permanent Green Card — the average is around 47,5 months.
At first glance, this may seem discouraging. But it is important to understand that once your I-526E is approved, you and your family receive conditional permanent residence and can live, work, and study in the U.S. just like other Green Card holders. The long wait for I-829 does not reduce your rights or your ability to stay in the United States.
The Biggest Mistake EB-5 Investors Make
EB-5 is not a bank deposit or a government bond — it is an investment in a real business project. Returns depend on execution, market conditions, and management.
There have been cases where developers or even Regional Centers failed to deliver, leaving investors without both funds and Green Cards. By law, EB-5 capital must remain “at risk.”
The primary goal of EB-5 is a Green Card. Capital return — let alone profit — requires thorough due diligence. With over 500 Regional Centers registered in 2024, reputation alone is not enough. Investors must carefully analyze the project, the developer team, and market fundamentals.
Proceeding without professional guidance can lead to significant financial losses. Success in EB-5 depends on expertise, due diligence, and proper support.
The Case for Filing Your EB-5 Petition Now
- Regional Center EB-5 is authorized through 2027, but grandfathering applies only to petitions filed by September 30, 2026.
- Investment thresholds will rise in 2027.
- Filing fees are already higher — and likely to climb again.
- Processing times remain lengthy but are now more predictable.
- EB-5 remains a proven path to a US Green Card — with the right project and professional guidance.
Since 2017, we have supported EB-5 investors at every stage — from understanding program rules and selecting projects to eventual capital return. We are officially registered with USCIS as an EB-5 Third-Party Promoter (Reg. No. PRO000100024) and proud members of IIUSA, the leading EB-5 industry association in the U.S.
Over the years, we have successfully guided many investors, minimizing risks, improving chances of capital return, and most importantly — securing U.S. Green Cards for them and their families.
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