EB-5 Grandfathering Deadline 2026: What Construction Industry Investors Must Know

Jill Jones and an array of industry figures offer their perspectives on the upcoming EB-5 grandfathering deadline and the potential for reauthorization.

Was the RIA’s grandfathering date a mistake? In a new piece in The Construction Broadsheet by Kim Slowey, JTC Head of Specialty Administration and General Counsel – USA Jill Jones says it’s possible the EB-5 grandfathering cutoff, which occurs on September 30, 2026, a full year before the RIA’s expiration date, was unintentional.

Key Takeaways

The EB-5 grandfathering cutoff is September 30, 2026. Petitions filed after this date will not receive grandfathering protection.
The grandfathering deadline is separate from the Regional Center Program’s December 2027 sunset date.
Rural EB-5 projects continue to benefit from 2022 RIA visa set-asides, regardless of the grandfathering deadline.
Construction industry leaders should prioritize investor filings before September 30 to avoid undefined post-deadline rules.
Reauthorization efforts remain ongoing, but timing and terms are not yet finalized.

“A lot of people think that it was an oversight or an error in calculation,” Jill Jones says.

In “EB-5 project investors face new deadline,” industry voices discuss the upcoming grandfathering deadline, the Regional Center Program sunset date, and the economic impact of EB-5 on construction. Jones mentions how rural projects, given a boost by the reserved visas of the EB-5 Reform and Integrity Act of 2022, are stimulating rural economies.

Rural EB-5 projects and economic impact

“When we put a new project into an area like this, they’re hiring people, and then the grocery store now has to order more groceries because there’s more people that need to buy the groceries,” says Jones in the article. “And the gas stations are selling more gas because people are coming in to go to work and go back home.”

As Jones explains, all of that adds up to a tremendous benefit for underserved communities.

“It’s these additional industries that are on the outskirts of the actual projects that are benefiting tremendously.”

What the experts say about filing after September 30

Jill and the other interviewees also give their thoughts on the grandfathering deadline and how secure investors should feel if they file their petitions after September 30th, 2026, as well as what impact the grandfathering cutoff and potential fee increases could have on the construction industry.

The case for EB-5 reauthorization

As for the reauthorization fight, Jones stresses that the best way to ensure the Regional Center Program is reauthorized is to inform as many people as possible about the positive benefits it brings to America.

“EB-5 is a wonderful program for the United States and I will do everything in my power to make sure that people hear about the good that is done.”

Read the full article

FAQs: EB-5 Grandfathering Deadline and Reauthorization

What exactly is the EB-5 grandfathering deadline?

September 30, 2026. Petitions filed on or before this date receive protection under current program rules, including current investment amounts and visa allocation structures. Petitions filed after will be subject to new rules that have not yet been finalized.

Is the grandfathering deadline the same as the program sunset?

No. The grandfathering deadline (September 30, 2026) is separate from the Regional Center Program’s sunset date (December 29, 2027). The program can be reauthorized by Congress, but the grandfathering cutoff will remain in effect regardless.

Why does the grandfathering deadline occur a year before the program sunset?

Industry experts, including Jill Jones, believe this timing may have been unintentional or an oversight in calculation. The unusual gap has raised questions about legislative intent.

Will my rural EB-5 project be affected by the grandfathering deadline?

The grandfathering deadline applies to new investor petitions, not to project sponsorship. Rural projects retain access to 2022 RIA visa set-asides regardless of when investors file. However, uncertainty after September 30 may make it harder to attract investors before the deadline.

What should construction companies do right now?

Communicate the September 30 deadline to current and prospective EB-5 investors. Consider accelerating investor recruitment to ensure filings are completed before the cutoff. Consult with immigration counsel and EB-5 administrators on compliance requirements.

What happens to the Regional Center Program if it's not reauthorized?

The program expires on December 29, 2027, if Congress does not pass reauthorization legislation. This would affect new EB-5 investments going forward. Industry is actively working to secure reauthorization.

Don’t miss the September 30 deadline

The EB-5 grandfathering cutoff is just months away. Construction projects and investors who file after this date face new, undefined rules that could delay timelines and affect project economics.

Speak to an EB-5 expert Explore EB-5 services

Key contact

Don’t miss the September 30 deadline

The EB-5 grandfathering cutoff is just months away. Construction projects and investors who file after this date face new, undefined rules that could delay timelines and affect project economics.

Speak to an EB-5 expert Explore EB-5 services