Secure your EB-5 Green Card Before the September 30, 2026 Grandfathering Deadline—Part 1: Hiring an Immigration Attorney

In an increasingly restrictive environment for immigration to the United States, and at a time when America still offers exceptional career and business opportunities, thousands of foreign nationals want to make the U.S. their home in 2026.

For many foreign nationals, the EB-5 visa may be the fastest—and only—path to a U.S. Green Card.

Under the current policies of the EB-5 program, you and your family could receive your initial Green Cards within months. If you already live in the United States, you may also be able to adjust status through EB-5 and apply for work and travel permits right away.

But the window to secure these immigration benefits may be closing within the next few months.

The September 30, 2026, deadline is now one of the most important dates for new EB-5 investors. EB-5 investors who file Form I-526E on or before that date are protected by the program’s grandfathering provision.

In practical terms, that means their I-526E petitions must continue to be processed under the current rules even if the EB-5 Regional Center Program later expires, is delayed in Congress, or is changed in a way that affects future investors.

Filing before the September 30 deadline allows investors to secure their immigration path now and avoid the risk that their EB-5 case will be caught in future political or legislative uncertainty.

Are you and your family interested in obtaining U.S. Green Cards in the short term? If so, EB-5 approval times have never been faster for investors in rural EB-5 projects.

But with the September 30 deadline approaching quickly, potential EB-5 investors have no time to lose.

A well-prepared I-526E filing takes planning and research. Investors need to work through source-of-funds documentation and project selection carefully if they want to file before the September deadline without weakening the quality of the I-526E submission.

This article series is designed to walk through that process step by step, with each installment focused on one practical action investors should take now to stay on schedule and file by September 30.

Our series will discuss the following steps EB-5 investors should take.

• Part 1: Hiring an Immigration Attorney for Your I-526E Filing
• Part 2: Preparing the I-526E Source-of-Funds Package
• Part 3: Preparing the I-526E Source-of-Funds Package, Continued
• Part 4: Choosing an EB-5 Regional Center
• Part 5: Choosing an EB-5 Project for Immigration and Financial Success

If it’s your goal to live and work in the U.S. with your family as permanent residents, we strongly encourage you to begin the process as soon as possible and avoid missing out on the unprecedented immigration benefits of the EB-5 program.

EB5AN is offering free consultations for foreign nationals interested in the EB-5 program. We can provide personalized guidance to help you and your family obtain your U.S. Green Cards quickly—perhaps receiving I-526E approvals in as little as 2.7 months.

“We expect interest in EB-5 to continue to grow as we approach September 30,” explains Sam Silverman, managing partner of EB5AN. “Our team is prepared to help investors get started on the process, connect with an immigration attorney, and file on time to secure their U.S. Green Cards under the current rules.”

The first step—and the focus of this post—is hiring an immigration attorney. That should come before starting to choose an EB-5 project and regional center.

As the September 2026 deadline approaches, more immigration law firms will be managing a rush of short-term EB-5 clients, and some may stop taking new clients once they reach capacity. Starting with experienced immigration counsel now gives investors time to build a strong I-526E package without rushing.

Before taking a closer look at this step, it is important to understand the significance of the September 30 deadline and why it is so critical to the EB-5 program.

Schedule a Free Consultation and Begin the EB-5 Process

Schedule a Free Consultation and Begin the EB-5 Process

The September 30 Deadline, Explained: Background on the Regional Center Program

Why Hiring an Immigration Attorney Should Be Your First Step

Choosing an EB-5 Immigration Attorney

• Checklist: Questions to Ask a Potential Immigration Attorney

Get on the Path to a U.S. Green Card Before September 30, 2026

The September 30 Deadline, Explained: Background on the Regional Center Program

The EB-5 visa category began in 1990 as a way for foreign nationals to invest in U.S. businesses and create jobs. At that stage, EB-5 was a direct investment program. Investors placed capital into a new commercial enterprise and were expected to satisfy the program’s job-creation requirements through that business itself.

A few years later, Congress added the EB-5 Regional Center Program, creating a second path that allowed investors to participate through approved regional centers. That change reshaped the program. Over time, the regional center structure became the dominant model for EB-5 investment and, for most families, the more practical one.

A direct EB-5 investment is generally narrower and more demanding from the investor’s side. It often involves a more active investor role and generally requires job creation to be shown through direct payroll jobs, rather than the broader indirect and induced job-creation methodologies available through regional center projects.

But the regional center model allows multiple investors to pool capital into one project, usually in a larger real estate development, and it gives them a more passive role. It also allows job creation to be measured through accepted economic methodologies, so construction spending and related economic activity can count toward the required jobs rather than relying only on direct hires on a payroll.

For many investors and their families, that structure has made the EB-5 process more practical and safer from both an immigration and investment standpoint. That is one of the main reasons the regional center program now accounts for the overwhelming majority of EB-5 filings.

Still, the regional center program requires periodic reauthorization by Congress. After its upcoming expiration date in 2027, the regional center program could lapse if not revalidated by Congress. EB-5 policies could also change, such as a higher minimum investment requirement.

At the same time, the current EB-5 statute created a separate protection for investors who file by September 30, 2026. This is the date prospective EB-5 investors need to focus on.

In practical terms, filing Form I-526E on or before September 30, 2026, means an investor’s petition remains protected under the current EB-5 rules. If the regional center program later lapses, that investor’s case will still be processed. If approved, EB-5 investors who file by the September deadline will be able to receive their U.S. Green Cards and continue to live and work in the United States.

That is why the September 30, 2026, date has become the central planning deadline for new EB-5 investors.

An investor who files on time secures the benefit of having the case adjudicated under the rules in effect at the time of filing. But an investor who waits until after the deadline is in a very different position. If the regional center program lapses, late filers could face rejected petitions or cases that sit idle while Congress decides the future of the EB-5 program.

Additionally, the EB-5 program could change after September 30, 2026, including possible changes to investor requirements and even increases in the required investment amounts.

And for EB-5 investors with dependent children, earlier filing can preserve greater flexibility for education and long-term planning. More broadly, families pursuing EB-5 are usually making important decisions about residence, work, schooling, travel, and future timing in the United States. Filing before September 30 can make long-term planning much more predictable.

Why Hiring an Immigration Attorney Should Be Your First Step

For new EB-5 investors, the process should begin with hiring an immigration attorney. That decision should come before researching projects or trying to narrow down a regional center. In many EB-5 cases, the first serious bottleneck is source-of-funds preparation, and investors often realize that only after they are already behind schedule. Many assume their documentation will be simple, spend a long period evaluating projects, and only then speak with immigration counsel.

At that point, they may learn that source-of-funds work will take four to six weeks, sometimes longer, and that the record they expected to be straightforward requires far more assembly than anticipated. Beginning with your immigration attorney prevents that loss of time.

An investor who hires an immigration attorney early can start organizing lawful-source documentation and preparing capital while researching projects at the same time. That is a far stronger position than waiting until a project has already been selected and only then beginning the legal work.

It also reduces the risk of getting caught in a rush period when law firms are handling a high volume of EB-5 clients and may stop taking new clients once they reach capacity.

Choosing an EB-5 Immigration Attorney

Experience in general immigration law is not the same as EB-5 experience. The quality of an EB-5 filing often depends on how carefully the case is structured at the outset, especially when source-of-funds documentation is complex or when the investor’s financial history includes multiple transactions, gifts, inheritances, property sales, or stock proceeds. In those cases, the difference between an attorney who regularly handles EB-5 matters and one who does not can shape the entire filing process.

Investors should therefore examine each attorney’s track record—specifically, their experience in filing successful I-526E and I-829 petitions.

A useful starting point is the attorney’s actual EB-5 record. Ask how many I-526, I-526E, and I-829 petitions the attorney has handled. The point is not simply to hear that the lawyer has worked on EB-5 matters before. What investors need to know is whether the attorney has handled enough petitions, across the relevant stages of the process, to understand how a case is prepared, filed, and carried through over time.

From there, ask about approval rates. High volume alone does not say enough. A lawyer who has handled many petitions should also be able to discuss how often those petitions have succeeded. Investors are entitled to evaluate both experience and results before choosing counsel.

Source of funds is the most important task an immigration attorney will assist with. Investors must show that the capital invested in the project was obtained lawfully, and the documentation must be complete and accurate. Lawful sources may include salary, dividends, gifts, inheritances, and proceeds from the sale of real estate or stocks, but each of those categories can require its own documentary trail. In some cases, the record must go back further than the immediate transaction. If the invested capital comes from a property sale or inheritance, the case may require documentation showing that the original underlying asset or funds were lawfully sourced as well.

That is why one of the most revealing questions an investor can ask is whether the attorney has a clear strategy for proving source of funds. A strong answer should reflect planning, attention to detail, and real familiarity with the work.

Responsiveness is also an indicator of a strong immigration attorney. EB-5 filings require ongoing coordination, and delays often arise when investors are waiting for basic guidance while trying to collect records, confirm what evidence is needed, or clarify how a transaction should be documented. An attorney who is difficult to reach or slow to answer questions can stretch an already long process and make routine tasks harder than they need to be.

One of the simplest ways to judge this is during the initial consultations. Ask substantive questions, see whether the answers are timely and clear, and pay attention to whether communication feels organized. Investors should also ask whether the attorney has worked with applicants from their country. Source-of-funds and tax documentation can vary widely across jurisdictions, and prior experience with applicants from the same country can make the process more efficient and reduce avoidable problems.

Checklist: Questions to Ask a Potential Immigration Attorney

When comparing attorneys, the most useful questions are usually the most direct:

• How many I-526, I-526E, and I-829 petitions have you handled?
• What are your approval rates for I-526E and I-829 filings?
• How would you approach proving my source of funds?
• How quickly do you respond to client questions, and how accessible will you be during the case?
• Have you worked with applicants from my country?
• Can you provide client references, testimonials, or reviews?

These questions help investors move past marketing language and evaluate the attorney on the issues that will shape the filing itself.

Get on the Path to a U.S. Green Card Before September 30, 2026

The September 30, 2026, deadline gives prospective EB-5 investors a limited window to file under the current program rules and avoid exposing their cases to future uncertainty. For anyone planning to move forward through the regional center program, timing now is just as important as project selection. Investors who wait too long may find themselves facing a crowded market, reduced attorney availability, and less room to resolve the documentation issues that often take the most time.

Before comparing projects in depth or making final investment decisions, investors should secure immigration counsel, understand their filing path, and begin preparing the record that will support a strong I-526E petition.

From there, the next priority is the part of the process that is crucial for a fast approval from USCIS: preparing the I-526E source-of-funds package. In Part 2 of this series, we will focus on that next step and explain how investors can begin organizing their source-of-funds documentation early, thoroughly, and in a way that keeps the filing process on track.

In the meantime, schedule a free consultation with EB5AN to get started and secure U.S. Green Cards for yourself and your family.