Only One Month Remains Until the September 30 EB-5 Deadline: How EB-5 Investors Can File in Time and Secure U.S. Green Cards

Since the EB-5 Reform and Integrity Act was signed into law in 2022, EB-5 investors have benefited from one of the most favorable immigration environments in the program’s history. The RIA created new reserved visa categories, authorized priority processing for rural Form I-526E petitions, and allowed eligible investors in the United States to file Form I-485 concurrently with Form I-526E. Many rural investors have since received I-526E approvals in months rather than years, and global demand for EB-5 immigration has grown as a result.

Now, more than four years after the RIA took effect, the EB-5 sector could soon experience another round of significant policy changes.

As of late August 2026, approximately one month remains for EB-5 investors to file Form I-526E by September 30, 2026, and obtain the grandfathering protection Congress created for petitions filed on or before that date.

For families already considering EB-5, the remaining weeks may be the final opportunity to begin pursuing their U.S. Green Cards under the current rules, with express statutory protection against a future lapse of the EB-5 Regional Center Program.

There is still time to prepare a strong I-526E petition, but investors have no time to lose.

The first step is to retain an experienced EB-5 immigration attorney and begin documenting the lawful source and path of the investment funds. Only after that work has begun should investors evaluate and select an EB-5 project—while continuing to assemble the source-of-funds package with their immigration attorney.

“Investors who want to meet the September 30 deadline should begin with the two steps that take the most time: retaining experienced EB-5 counsel and documenting the lawful source and path of their funds,” said Sam Silverman, managing partner of EB5AN. “Once that work is underway, they can evaluate projects, complete the investment, and give their attorneys sufficient time to assemble and review the petition.”

“Starting now and completing those steps in that order,” Silverman continued, “is the best strategy for filing on time.”

This article explains the practical steps EB-5 investors can follow to prepare and submit a complete Form I-526E petition by September 30.

EB5AN is offering free consultations to prospective EB-5 investors who want to file by the September 30 deadline. We invite you to schedule a free consultation today so our team can help you begin the filing process and identify the best EB-5 project for your goals.

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Why the September 30, 2026, Deadline Matters

The RIA reauthorized the EB-5 Regional Center Program through September 30, 2027. Because the program remains temporary, however, its continued operation after that date will depend on further reauthorization by Congress.

Congress addressed this uncertainty by creating a grandfathering provision for EB-5 investors. If an investor files Form I-526E on or before September 30, 2026, USCIS must continue processing the petition even if the regional center program later expires. USCIS may not deny the petition solely because of such an expiration or suspend the allocation of visas to EB-5 investors who filed before September 30.

Each investor must still meet all applicable EB-5 requirements, including proving the lawful source and path of the investment capital and establishing that the EB-5 project complies with USCIS policy.

Besides a potential future lapse in the regional center program, EB-5 investors also face a changing regulatory environment. The current minimum investment is $800,000 for a project in a targeted employment area and $1,050,000 for other investments. These amounts are scheduled to receive their next inflation adjustment on January 1, 2027.

In addition, a Notice of Proposed Rulemaking published by USCIS in July 2026 would make numerous additional changes to EB-5 policy. Among other provisions, these rules would establish a $1.4 million investment requirement for newly defined high-employment areas and could restrict or eliminate the ability to claim jobs created through bridge financing that is later repaid with EB-5 capital.

These provisions remain proposals and may change before any final rule is issued. Still, they demonstrate that future EB-5 investors may face a more restrictive immigration environment.

For investors who have already decided to pursue EB-5, filing by September 30 provides the grandfathering protection enacted by Congress, establishes the petition under the investment amounts in effect on the filing date, and eliminates the need to wait for future legislation before beginning the immigration process.

Now, let’s consider a practical filing strategy EB-5 applicants can follow to meet the September 30 deadline.

Step 1: Retain an EB-5 Immigration Attorney and Begin Source-of-Funds Work Immediately

The first step for EB-5 investors is to hire a qualified immigration attorney—before beginning to compare EB-5 projects.

We expect attorney availability to become significantly limited as the September 30 deadline approaches. A late surge in filings could leave some law firms without enough capacity to accept new cases or complete thorough source-of-funds analyses.

An immigration attorney’s most urgent task will usually be establishing the lawful source and path of the EB-5 capital. USCIS requires evidence showing how the investor obtained the capital and how it moved from its original source into the new commercial enterprise (NCE). The required evidence will depend on the source of the capital—such as salary payments, business income, the sale of property or another asset, a gift, an inheritance, a loan, an investment account, or a combination of sources.

For example, an investor using accumulated employment income may need tax returns, employment records, salary statements, and bank statements covering the relevant accumulation period. On the other hand, capital derived from a property sale may require proof of ownership, the purchase and sale agreements, payment records, tax documents, and bank statements tracing the proceeds. Similarly, a gift may require evidence of the donor’s lawful source of funds in addition to documentation of the gift and transfer.

An attorney can then identify missing evidence, determine whether additional records are necessary, and advise the investor on how to transfer the funds without creating breaks in the documented path.

This work should begin immediately, even if the investor has not yet decided on an EB-5 project.

The sooner EB-5 applicants assemble their source-of-funds package, the better positioned they will be to file on time.

Step 2: Evaluate and Select an EB-5 Project

Once source-of-funds preparation is underway, EB-5 applicants should begin to compare available EB-5 projects. Selecting a financially strong and USCIS-compliant EB-5 project increases the likelihood of satisfying the job-creation requirement, recovering the invested funds, and ultimately receiving permanent U.S. Green Cards.

First, EB-5 applicants should examine the key aspects of every EB-5 offering. These include a project’s TEA status, Form I-956F status, job-creation methodology, construction progress, number of jobs already created, total projected jobs, and job cushion above the minimum requirement of 10 jobs per investor.

Form I-956F approval is especially relevant as we approach the September 30 deadline. Through Form I-956F, USCIS reviews the project’s compliance with the requirements of the EB-5 program. An I-956F approval does not guarantee approval of an individual investor’s Form I-526E, but it addresses project-level issues based on the record submitted to USCIS.

Because an I-526E petition cannot be approved before the associated Form I-956F is adjudicated, selecting an I-956F-approved offering can also remove a potential source of delay.

Investors must also evaluate a project’s financial risk. Relevant factors include:

• The developer’s experience, financial capacity, and repayment history
• The amount of developer equity committed to the project
• The position of EB-5 capital within the project’s capital structure
• Any collateral, mortgages, equity pledges, or guaranties supporting the investment
• The project’s construction status, budget, and remaining sources of funding
• Market demand for the completed development
• The proposed repayment source and expected investment term
• The independence and experience of the regional center and fund manager
• Third-party fund administration and controls over the use of EB-5 capital

EB-5 investors should also request and carefully review the key offering and project documents before investing, including:

• Private placement memorandum
• Subscription agreement
• Limited partnership or operating agreement
• Business plan
• Economic impact report
• Form I-956F approval notice
• Relevant financial statements
• Construction-related information
• Material loan, security, or guaranty documents

The project’s TEA category must also fit the investor’s immigration priorities.

Rural projects receive priority processing and access to the 20% rural visa set-aside. EB-5 investors who want a faster I-526E approval or are nationals of a high-demand country such as China or India will benefit the most from investing in a rural project.

Projects in high-unemployment areas use a separate 10% set-aside category and often offer competitive returns. For investors from countries without high demand for EB-5 visas, urban projects can be a viable option.

Step 3: Complete the Investment and Assemble the Form I-526E Petition

After selecting a project, EB-5 investors must complete the subscription process and transfer the required capital according to the offering documents and the regional center’s instructions.

The investor and attorney should work closely during the transfer. Each movement of capital must be supported by bank records, transfer confirmations, currency-exchange documents, or other documentation. Administrative fees and related payments should also be documented because USCIS may examine whether those funds came from lawful sources.

At the same time, the regional center and fund manager should provide the attorney with the project documentation required for the Form I-526E filing.

In EB5AN’s case, all our offerings currently open to new investors have received Form I-956F approval. The relevant approval notice can be included with the project materials.

Before filing, the immigration attorney should conduct a final review of both the investor and project documentation for consistency. Names, dates, addresses, account numbers, and transaction amounts should be consistent throughout the petition. The filing must use the correct form edition, contain all necessary signatures, include the proper filing fee and payment documentation, and be sent to the filing address specified by USCIS at that time.

A filing that is rejected for an incorrect fee, missing signature, improper payment, or a similar issue may fail to secure the intended filing date.

This makes it crucial for EB-5 investors to work with an immigration attorney with a proven track record of successful I-526E filings.

Step 4: Aim to File Form I-526E Well Before September 30

September 30 is the official deadline, but investors should aim to file as early as possible. USCIS generally assigns the date on which the package physically arrives at the designated lockbox or filing facility as the receipt date. A petition sent before September 30 but delivered after that date could therefore fall outside the grandfathering provision.

We recommend that EB-5 investors and immigration attorneys mail completed petitions no later than September 20, 2026, with delivery to USCIS targeted as early as reasonably possible. The additional time protects against courier delays, delivery errors, and other issues that become much harder to address during the final days of September.

Attorneys should use a trackable delivery method, confirm delivery, preserve a complete copy of the submission, and retain all courier and payment records. The filing address and fee requirements should be checked again immediately before dispatch because USCIS may update either one.

Sending the I-526E package by September 20 provides a reasonable cushion for delivery and at least some time to address any issues that arise.

Five I-956F-Approved EB5AN Offerings Available to New Investors

EB5AN currently offers two rural senior-loan projects and three urban investment options. All five projects have received Form I-956F approval from USCIS. Investors can therefore compare different project categories, financial structures, investment terms, and safety features without assuming the risk of a pending I-956F adjudication.

• Currahee Club (Rural Senior Loan): Currahee Club is a master-planned residential and recreational community in Toccoa, Georgia. The offering uses a four-year secured senior-loan structure supported by a first-priority security deed and two pledges of 100% of specified membership interests. The development is expected to create approximately 1,652 EB-5-eligible jobs, providing an allocation of approximately 18.8 jobs per investor. The offering also includes an I-526E approval refund guaranty and a job-creation guaranty. Its rural classification provides access to rural priority processing and the rural visa set-aside.
• Hard Rock Pointe Vista (Rural Senior Loan): Hard Rock Pointe Vista is a resort development on Lake Texoma near the Oklahoma–Texas border. The project includes a 217-key Hard Rock-branded hotel, 131 branded condominiums, and a 10.3-acre entertainment and recreation area. Construction has already created more than 460 qualifying jobs, with more than 5,700 jobs projected upon completion. The five-year senior EB-5 loan is secured by mortgages and a 100% equity pledge and is supported by construction-completion, I-526E approval refund, and job-creation guaranties. The project also qualifies for rural priority processing and the rural visa set-aside.
• Spring Haven (Urban Loan): Spring Haven is a 700-home Cresswind community being developed by the Kolter Group. Construction is well underway, and more than 1,300 EB-5-eligible jobs have already been created. The four-year loan offering includes a repayment guaranty from a Kolter parent company, an I-526E approval refund guaranty, and a job-creation guaranty. The project’s urban targeted employment area designation provides access to the high-unemployment visa set-aside.
• Brandon Multifamily (Urban Equity): This offering provides an equity investment in a 280-unit multifamily rental development in Brandon, Florida. It has a target investment duration of approximately three years and offers a 5% annual preferred return, subject to the performance and terms of the investment. The structure includes an I-526E approval refund guaranty and a job-creation guaranty. This option may appeal to investors who prefer an equity structure and a higher targeted return over a traditional EB-5 loan.
• Brandon Multifamily (Urban Loan): The loan offering finances the same 280-unit multifamily development but uses a three-year secured-loan structure. It includes a repayment guaranty from a diversified Kolter parent company, an I-526E approval refund guaranty, and a job-creation guaranty. It may be more suitable for investors who prefer the defined term and repayment structure of a loan while retaining access to the urban targeted employment area visa set-aside.

Begin the Filing Process Now to Secure Your U.S. Green Cards by September 30

An investor who begins immediately can still prepare for the September 30 deadline and choose a financially strong and fully compliant EB-5 project. We advise investors to first hire an EB-5 immigration attorney, begin the source-of-funds process, and only then begin to compare EB-5 projects.

“For many foreign nationals and their families, the EB-5 program in its current form offers an especially accessible and practical path to U.S. permanent residence,” Silverman concluded. “Filing by September 30 will require careful planning and sustained work in the weeks ahead, but the result can be well worth that effort: U.S. Green Cards for the investor, a spouse, and qualifying children, with the possibility of eventually applying for U.S. citizenship.”

“We strongly encourage families who are ready to pursue EB-5 to seize this opportunity while the current protections remain available.”

EB5AN is offering free consultations to prospective EB-5 investors who want to secure their U.S. Green Cards before the upcoming deadline. We invite you to schedule a free consultation today so our team can help you get started quickly, connect you with an experienced immigration attorney if needed, and prepare a strong Form I-526E filing in the weeks ahead.