Last updated: October 1, 2026
September 30, 2026 has passed, but that date did not terminate standalone Direct EB-5 or create an expiration date for the standalone pathway.
The September 30 provision concerns statutory protection for specified Regional Center-related petitions if Regional Center authorizing legislation expires. Direct EB-5 is the standalone EB-5 pathway and should be distinguished from that Regional Center-specific framework.
The next scheduled date affecting EB-5 investment thresholds is January 1, 2027, when the statutory inflation adjustment begins.
Table of Contents
Is Direct EB-5 Still Available After September 30, 2026?
Yes. Direct EB-5 remains available after September 30, 2026. But it is important to understand that Regional Center EB-5 does not end on that date either.
The Regional Center Program is currently authorized through September 30, 2027. Investors may therefore still be able to pursue Regional Center EB-5 after September 30, 2026.
What changes after September 30, 2026 is a narrower issue involving statutory protection. Federal law contains a provision addressing specified Regional Center-related petitions filed after September 30, 2026 if legislation authorizing the Regional Center Program later expires.
That protection is different from the question of whether the Regional Center Program remains open for new filings.
Direct EB-5 is different because the standalone pathway does not depend on the Regional Center Program’s authorization. September 30, 2026 therefore does not create a granfathering date for Direct EB-5.
For investors comparing the two pathways after September 30, the distinction is not that one remains available and the other disappears. The distinction is how the September 30 statutory protection relates to Regional Center filings and the different authorization structure of standalone Direct EB-5.
Investors who want to understand the standalone pathway itself can review TADE’s Direct EB-5 guide.
What Did September 30, 2026 Actually Concern?
September 30, 2026 appears in a statutory provision addressing certain Regional Center-related petitions if legislation authorizing the Regional Center Program expires.
That provision should be distinguished from both standalone Direct EB-5 and the current authorization period for the Regional Center Program.
What Is the September 30 Grandfathering-Related Provision?
The provision in 8 U.S.C. §1153(b)(5)(S) addresses specified petitions based on investments in new commercial enterprises associated with Regional Centers and filed on or before September 30, 2026.
Its purpose and scope are therefore tied to the Regional Center framework, rather than creating an expiration date for standalone Direct EB-5.
Readers looking specifically at how this provision relates to Direct EB-5 can read Does Direct EB-5 Have a Grandfathering Deadline?
Is September 30, 2026 the Regional Center Program Expiration Date?
No.
The Regional Center Program is currently authorized through September 30, 2027. September 30, 2026 and September 30, 2027 therefore refer to different statutory issues.
For the complete chronology, including September 30, 2026, January 1, 2027 and September 30, 2027, see September 30 vs. January 1: Understanding the Two EB-5 Dates.
What Did Not Change for Direct EB-5 After September 30?
September 30 passing did not eliminate the underlying statutory requirements for standalone Direct EB-5.
| Direct EB-5 question | After September 30, 2026 |
|---|---|
| Did standalone Direct EB-5 expire? | No. September 30 did not itself terminate the standalone pathway. |
| Did September 30 create a standalone Direct filing deadline? | No. The September 30 provision concerns specified Regional Center-related petitions. |
| Did Direct EB-5 stop requiring a qualifying capital investment? | No. |
| Did Direct EB-5 job-creation requirements disappear? | No. |
| Did September 30 itself change the statutory investment thresholds? | No. |
| Did Direct EB-5 become the same as Regional Center EB-5? | No. They remain distinct EB-5 pathways. |
The distinction between the two pathways does not mean that Direct EB-5 carries less business or investment risk, or that an immigration outcome is assured. The underlying business, investment structure, job creation and applicable immigration requirements still need to be evaluated on their own facts.
Are the Direct EB-5 Investment Amounts Still the Same After September 30?
Yes. September 30, 2026 did not itself change the statutory EB-5 investment amounts.
As of October 1, 2026:
Standard EB-5 minimum: $1,050,000
Reduced qualifying minimum: $800,000
Change triggered by September 30, 2026: None
Next scheduled statutory adjustment: January 1, 2027
Official January 2027 adjusted amounts: Not yet published
CRS confirms that the current statutory investment requirements are the same for standalone and Regional Center investors and that the inflation-adjustment cycle begins January 1, 2027.
The reduced $800,000 threshold applies only where the investment satisfies the applicable statutory requirements for the reduced investment amount. It should not be treated as the automatic investment amount for every Direct EB-5 investment.
For the permanent eligibility framework, see Direct EB-5 Requirements.
What Date Matters Next for Direct EB-5?
The next scheduled date affecting EB-5 investment thresholds is January 1, 2027.
Under 8 U.S.C. §1153(b)(5)(C), the statutory investment amounts automatically adjust 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.
September 30 passing therefore did not trigger the investment adjustment scheduled for January.
Does the January 1, 2027 Adjustment Affect Direct EB-5?
The investment-adjustment mechanism appears in the general EB-5 capital requirement provision, rather than being limited to the Regional Center Program. CRS likewise states that investment requirements are the same for standalone and Regional Center investors.
The January 2027 adjustment therefore is relevant to standalone Direct EB-5 as well.
Once TADE’s dedicated 2027 resource is published, readers will be able to follow the official amounts and implementation there.
What Should Someone Considering Direct EB-5 Understand Now?
The passing of September 30 does not change the need to evaluate Direct EB-5 based on the underlying requirements and the business itself.
That includes the applicable investment threshold, job creation, the investor’s role, the underlying business, and the source and path of investment funds.
For the broader standalone pathway, start with TADE’s Direct EB-5 guide.
For the underlying eligibility framework, see current Direct EB-5 requirements.
The purpose of the September 30 distinction is therefore relatively narrow: the passing of that date did not itself close the standalone Direct EB-5 pathway.
Understand Direct EB-5
If you are researching Direct EB-5 after September 30, the next step is to understand how the standalone pathway works, including its investment, job-creation and business requirements.
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