Last updated: September 21, 2026
September 30, 2026 and January 1, 2027 concern different events within the EB-5 program.
September 30, 2026 is the filing date specified in a statutory protection for certain Regional Center-related petitions in the event Regional Center authorizing legislation expires. January 1, 2027 is the first statutory adjustment date for the minimum EB-5 investment amounts. Meanwhile, the Regional Center Program is currently authorized through September 30, 2027.
Keeping these dates separate matters because the September 30 protection, the January investment adjustment and the current Regional Center authorization date address different parts of the EB-5 framework.
Table of Contents
EB-5 2026–2027 Timeline
| Date | What it concerns | What it means |
|---|---|---|
| September 30, 2026 | Grandfathering-related protection date | This is the filing date specified in a statutory protection for certain Regional Center-related petitions. It is not the current Regional Center Program authorization end date. |
| October 1–December 31, 2026 | Period between the September 30 protection date and January 1 adjustment | The September 30 date has passed, but the statutory investment adjustment has not yet taken effect. |
| January 1, 2027 | EB-5 minimum investment adjustment | This is the first statutory automatic adjustment date for the minimum EB-5 investment amounts. |
| September 30, 2027 | Regional Center Program authorization | The Regional Center Program is currently authorized through this date. |
The October-through-December period is not an official legal “transition period.” It is the period between the September 30 grandfathering-related protection date and the January 1 investment adjustment.
Current EB-5 Investment Status
Last verified: September 21, 2026
Current standard minimum: $1,050,000
Current reduced qualifying minimum: $800,000
Next statutory adjustment: January 1, 2027
Official 2027 adjusted amounts: Not yet published
The statute currently sets the standard minimum investment amount at $1,050,000 and the reduced amount at $800,000 for qualifying investments in a targeted employment area or infrastructure project. Beginning January 1, 2027, the statute provides for automatic adjustments based on its CPI-U formula. The reduced qualifying amount adjusts to 75% of the adjusted standard amount.
What Happens on September 30, 2026?
September 30, 2026 is a protection date written into the Regional Center provisions of the EB-5 statute. It is not the current expiration date of the Regional Center Program.
The relevant provision, 8 U.S.C. §1153(b)(5)(S), addresses what happens if legislation authorizing the Regional Center Program expires. It directs the Department of Homeland Security to continue processing specified petitions based on an investment in a new commercial enterprise associated with a Regional Center that were filed on or before September 30, 2026, and prevents denial based on the expiration of that authorizing legislation.
What Does the September 30 Protection Cover?
The statutory language refers to specified petitions under 8 U.S.C. §§1154(a)(1)(H) and 1186b based on an investment in a new commercial enterprise associated with a Regional Center and filed on or before September 30, 2026.
For covered petitions, the statute directs DHS to continue processing them notwithstanding expiration of Regional Center authorizing legislation. It also restricts denial based on that expiration and the suspension or termination of visa allocation to beneficiaries of approved covered petitions on that basis.
The provision should not be read as a guarantee concerning an investment, petition or immigration outcome. Other applicable EB-5 requirements continue to matter.
For a deeper explanation of this issue, see whether the grandfathering provision applies to Direct EB-5.
Why Isn't September 30, 2026 the Current Regional Center Program Expiration Date?
Because the dates perform different statutory functions.
September 30, 2026 appears in the protection provision for specified Regional Center-related petitions.
September 30, 2027 is the date through which the Regional Center Program is currently authorized.
A reference to a “September 30 EB-5 deadline” is therefore incomplete unless it identifies which September 30 and which EB-5 issue it means.
Does September 30, 2026 Affect Direct EB-5?
The September 30, 2026 protection provision expressly concerns investments in new commercial enterprises associated with Regional Centers. It does not itself establish a September 30, 2026 expiration date for standalone Direct EB-5.
Direct EB-5 should therefore be analyzed separately from this Regional Center protection provision.
For the narrow question, see Does Direct EB-5 Have a Grandfathering Deadline?
For the broader standalone pathway, see TADE’s Direct EB-5 guide.
Investors who want to understand the structural differences between the two pathways can also review the differences between Direct and Regional Center EB-5.
What Happens Between October 1 and December 31, 2026?
October 1 through December 31 falls between two separate statutory events.
By October 1, the September 30 filing date referenced in the Regional Center protection provision has passed. But the statutory adjustment to EB-5 minimum investment amounts does not begin until January 1, 2027.
The passing of September 30 therefore does not, by itself, move the January investment adjustment forward to October.
Does EB-5 End on October 1?
No. October 1, 2026 is not a statutory end date for the EB-5 program.
The standalone EB-5 framework and the Regional Center Program need to be distinguished. The Regional Center Program is currently authorized through September 30, 2027, while September 30, 2026 appears in the separate statutory protection provision.
The consequences for a particular Regional Center petition filed after September 30, 2026, especially in relation to the statutory protection if Regional Center authorization later expires, require separate legal analysis.
Do EB-5 Investment Amounts Change on October 1?
No statutory investment adjustment is scheduled for October 1, 2026.
The statute sets the first automatic adjustment date at January 1, 2027. September 30 and January 1 therefore concern different parts of the EB-5 framework.
Why Does the Period Between the Two Dates Matter?
It matters because filing timing under the Regional Center protection provision and timing under the investment-adjustment provision are separate questions.
September 30, 2026 is relevant to the statutory protection concerning specified Regional Center-related petitions.
January 1, 2027 is relevant to the statutory adjustment of EB-5 minimum investment amounts.
Treating the two dates as a single EB-5 “deadline” can obscure what each date actually governs.
What Changes on January 1, 2027?
January 1, 2027 is the first automatic adjustment date for the statutory EB-5 minimum investment amounts.
Under 8 U.S.C. §1153(b)(5)(C), the standard minimum investment amount automatically adjusts beginning January 1, 2027 and every five years thereafter. The statute states that the adjusted amounts apply to petitions filed on or after the effective date of each adjustment. The reduced qualifying amount adjusts at the same intervals to 75% of the adjusted standard amount.
Why Do EB-5 Investment Amounts Adjust?
Congress added an automatic inflation-adjustment mechanism to the EB-5 statute through the EB-5 Reform and Integrity Act of 2022.
For the standard minimum, the statute bases the adjustment on the cumulative annual percentage change in the unadjusted Consumer Price Index for All Urban Consumers, or CPI-U, between January 1, 2022 and the adjustment date. The resulting amount is rounded down to the nearest $50,000.
The statute directs the Secretary of Homeland Security to update the amounts through publication of a technical amendment in the Federal Register.
DHS has also discussed implementation of these provisions in 2026 proposed rulemaking. That material remains proposed rulemaking and should not be treated as a final regulation unless and until finalized.
What Are the Current Official EB-5 Investment Amounts?
As of September 21, 2026, the statutory amounts are:
$1,050,000 — standard minimum investment
$800,000 — reduced qualifying minimum for an investment in a targeted employment area or infrastructure project.
For more on the broader framework, see current Direct EB-5 requirements.
Have the Official 2027 Adjusted Amounts Been Published?
As of September 21, 2026, TADE has not identified a primary government publication establishing the final January 1, 2027 adjusted dollar amounts.
TADE therefore does not present projected or industry-estimated figures as official amounts.
This section will be updated on this same URL when DHS publishes the official adjustment.
Which Date Determines the Applicable EB-5 Investment Amount?
The enacted statute states that adjusted amounts apply to petitions filed on or after the effective date of each adjustment. Petition filing timing is therefore expressly relevant to which statutory threshold applies.
That filing-date rule should remain distinct from other timing concepts within EB-5. For example, the statute defines a targeted employment area by reference to the area at the time of investment.
Questions involving when capital was invested, transferred, placed in escrow or otherwise committed can therefore involve separate requirements and should not be collapsed into the January 1 petition-filing rule.
Does the January 2027 Adjustment Apply to Direct EB-5?
The statutory investment amounts and automatic adjustment mechanism appear in the general EB-5 capital-requirement provision rather than the Regional Center-specific provision.
The January 1, 2027 investment adjustment therefore is not limited to the Regional Center Program.
For the standalone pathway and its broader requirements, see TADE’s Direct EB-5 guide.
What Happens on September 30, 2027?
September 30, 2027 is the current statutory authorization date for the Regional Center Program.
The EB-5 Reform and Integrity Act of 2022 reauthorized the Regional Center Program through September 30, 2027.
Why Is September 30, 2027 Different From September 30, 2026?
September 30, 2026 → filing date specified in the statutory protection concerning certain Regional Center-related petitions in the event authorizing legislation expires.
September 30, 2027 → current statutory authorization date for the Regional Center Program.
What Congress may do before September 30, 2027 is a future legislative question. This page should be updated if the law changes rather than speculate about an extension, lapse or other future legislative action.
What Changes, and What Does Not?
| Issue | September 30, 2026 | January 1, 2027 |
|---|---|---|
| Grandfathering-related protection date | Relevant | Not the event |
| Minimum investment adjustment | Not the adjustment date | First statutory automatic adjustment date |
| Direct EB-5 expiration | Does not itself establish a Direct EB-5 expiration date | Does not itself establish a Direct EB-5 expiration date |
| Regional Center Program authorization | Not the current authorization end date | Not the current authorization end date |
The Regional Center Program is currently authorized through September 30, 2027.
Can You Still File EB-5 After September 30, 2026?
September 30, 2026 is not a universal expiration date for all EB-5 filings.
The Regional Center Program is currently authorized through September 30, 2027, while the September 30, 2026 date appears in the separate statutory protection concerning specified Regional Center-related petitions. Standalone Direct EB-5 does not derive its existence from the Regional Center authorization provision.
The consequences of filing a particular Regional Center petition after September 30, 2026, especially in relation to the statutory protection if Regional Center authorization later expires, require separate legal analysis.
What Does This Mean for Direct EB-5?
The September 30, 2026 Regional Center protection provision and standalone Direct EB-5 address different parts of the EB-5 framework.
The September 30 protection expressly concerns petitions based on investments in new commercial enterprises associated with Regional Centers. It does not itself establish a September 30, 2026 expiration date for standalone Direct EB-5.
The January 1, 2027 investment adjustment, however, arises from the broader statutory EB-5 capital requirements and is a separate issue.
For the post-September 30 position specifically, read What Happens to Direct EB-5 After September 30, 2026?
What Should Investors Watch Next?
Developments to monitor include:
- DHS or USCIS publication of the official January 1, 2027 investment amounts
- USCIS implementation guidance concerning the adjusted thresholds
- final DHS regulations relevant to the investment-adjustment framework
- congressional action affecting Regional Center Program authorization
- material government guidance or court decisions affecting the statutory provisions discussed here
Until an official government source establishes a new investment amount, estimates should remain identified as estimates rather than presented as the official January 2027 threshold.
Frequently Asked Questions
No. September 30, 2026 and January 1, 2027 arise from different statutory provisions and concern different issues. September 30 appears in the protection for specified Regional Center-related petitions, while January 1 is the first automatic adjustment date for EB-5 minimum investment amounts.
No. September 30, 2026 is associated with the statutory petition-protection provision; September 30, 2027 is the current Regional Center Program authorization date.
Yes. This page is designed as a maintained EB-5 timeline resource. Once DHS publishes the official adjusted amounts, TADE will update the current-status block and January 2027 section on this URL.
Understand Direct EB-5
The dates discussed here affect different parts of the EB-5 framework. Readers evaluating the standalone pathway can continue with TADE’s Direct EB-5 guide for its structure, requirements and business considerations.
Continue Exploring Direct EB-5
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