Last updated: 27 September 2026. Every figure below was checked against its source on this date.
Picture a family in Dubai, or in Bandra, on a Sunday evening. Half the money has moved. The project brochure is on the dining table, and the promoter’s WhatsApp has just arrived: ‘Last chance. File before the 30th or the programme is gone.’
Take a breath. Only half of that message is true.
The EB-5 grandfathering deadline is 30 September 2026. Under US law, a regional centre EB-5 petition (Form I-526E) that USCIS receives on or before that date must keep being processed even if Congress lets the Regional Center Program lapse. It protects your place against politics. It does not approve your petition, and it is not the last day anyone can apply for EB-5.
Key facts, as of 27 September 2026
- The deadline: regional centre petitions (I-526E) filed on or before 30 September 2026 must continue to be processed if the programme’s authorisation expires (8 U.S.C. 1153(b)(5)(S)).
- The programme itself is authorised until 30 September 2027. You can still file in October; you simply lose this protection.
- Minimum investment today: USD 800,000 in a targeted employment area (TEA) or infrastructure project; USD 1,050,000 elsewhere.
- 1 January 2027: the law requires both minimums to rise with inflation. USCIS has not published the new figures.
- India: the EB-5 unreserved category is unavailable until 30 September; the rural, high-unemployment and infrastructure set-asides were ‘current’ in the September 2026 Visa Bulletin.
- A proposed rule published on 2 July 2026 would tighten parts of the programme. It is a proposal, not law.
- Money from India: the Liberalised Remittance Scheme allows USD 250,000 per person per financial year, with 20% TCS above ₹10 lakh on investment remittances.
What does the EB-5 grandfathering deadline protect?
As of 27 September 2026, the EB-5 grandfathering deadline protects one thing: continuity. The EB-5 Reform and Integrity Act of 2022 added a clause, now 8 U.S.C. 1153(b)(5)(S), which says that if the law authorising the Regional Center Program expires, USCIS must keep processing regional centre petitions filed on or before 30 September 2026, may not deny them because the programme expired, and may not stop issuing visas to those whose petitions are approved.
That is insurance against Congress, which must renew the Regional Center Program by 30 September 2027. Nothing more, and nothing less.
Two details matter. The clause covers regional centre investments only; a direct, standalone EB-5 investment (Form I-526) does not depend on the regional centre authorisation at all. And the date that counts is the date USCIS receives your petition, not the day you courier it from Mumbai.
What the deadline does not protect
‘Grandfathered’ is being sold as if it meant ‘approved’. It does not. Filing by 30 September does not:
- Strengthen a weak file. USCIS still judges the lawful source of your money, the investment and the jobs it creates, on the merits.
- Shorten the queue. Visa availability for Indians is set by the Visa Bulletin, not by your filing date.
- Save a petition rejected at the door. Under 8 CFR 103.2(a)(7), a petition that is unsigned, improperly executed or filed with the wrong fee is rejected and ‘will not retain a filing date’. A sloppy filing on 29 September is, legally, no filing at all.
- Vouch for the project. USCIS approving a regional centre is not USCIS approving an investment.
Should you file before the EB-5 grandfathering deadline, or wait?
Most people arrive asking, ‘Can I make the deadline?’ The better question is, ‘Is my file ready?’
Today is Sunday. Monday 28, Tuesday 29 and Wednesday 30 September are the three working days left, in US time. That is enough to finish something careful. It is not enough to begin something careful.
File this week if all of these are true. The project was checked by someone it does not pay. Your funds are already traced, with documents, from the day they were earned to the day they reach escrow. A licensed US immigration attorney holds your complete file, says it is ready, and has a plan for it to reach USCIS by 30 September.
Do not rush if any of these apply. You are starting from zero this weekend. Your source-of-funds story has gaps: a property sale without the full sale deed, a family gift without the giver’s own paper trail, money that passed through cash. You have not read the offering documents yourself. The money has not yet left India.
And what does missing it cost? Less than the WhatsApp suggests. The Regional Center Program runs until 30 September 2027, so a petition filed in October is still accepted. What it lacks is the statutory promise: attorneys writing on EB5Investors.com note that cases filed from 1 October 2026 would not be grandfathered, so their fate would depend on Congress renewing the programme. That is a real risk to weigh. It is not a cliff edge.
A denial on source of funds, by contrast, costs the fee, the months and often the trust of the relatives who lent you the money.
The separate price rise on 1 January 2027
The EB-5 Reform and Integrity Act requires the minimum investment amounts to be adjusted on 1 January 2027, and every five years after, in line with the consumer price index, rounded down to the nearest USD 50,000 (8 U.S.C. 1153(b)(5)(C)(iii)). As of 27 September 2026, USCIS has not published the new amounts.
EB5 United, an industry site, projects roughly USD 930,000–950,000 for TEA projects and about USD 1,250,000 for the rest, while noting the final figures are USCIS’s to set. Firms generally read the rise as applying to petitions filed from 1 January 2027, which would leave a second, calmer window to 31 December 2026 for anyone who misses Wednesday. Ask your attorney to confirm that reading for your case.
What USD 800,000 costs from an Indian bank account
Here is the arithmetic the brochures leave out, for a family resident in India investing at the TEA minimum, at ₹95.80 to the dollar (the rupee’s close on Friday 25 September 2026, the last trading day before publication, as reported by HDFC Sky).
| Item | Amount | Why |
|---|---|---|
| Minimum investment (TEA) | USD 800,000 (about ₹7.66 crore) | Statutory minimum until 31 December 2026 |
| People needed to send it | At least 4 | LRS cap of USD 250,000 per person per financial year |
| TCS at 20% above ₹10 lakh, 4 × USD 200,000 | About ₹1.45 crore | Collected by the bank at the time of sending |
| Cash leaving your accounts upfront | About ₹9.12 crore | Before the project’s admin fee and legal fees |
The TCS is not lost. It is tax collected in advance, which you can set against your income-tax liability or claim back when you file your return. But it is ₹1.45 crore you must find now and will not see for months, and the sum assumes nobody has used their ₹10 lakh threshold elsewhere this year. The LRS limit covers minors too; the 20% rate above ₹10 lakh applies from 1 April 2026. Your chartered accountant should run your own numbers.
If you live and earn in the Gulf, it is simpler: LRS and TCS apply to Indian residents, so money earned and held abroad generally sits outside them. Money parked in an NRO account in India is different; banks such as Kotak describe a repatriation limit of USD 1 million per financial year, with a CA’s certificate.
Why source of funds is where Indian files stumble
USCIS wants to see that the money is yours, and how it became yours, step by step. Buchalter, a US law firm, describes source of funds as the most common ground for EB-5 denials, and reports that scrutiny is rising. Indian family wealth is often honest and badly documented: an inherited flat, a share of the family business, wedding gifts. None of that disqualifies you. It does take time to prove, and time is the one thing a three-day rush does not have.
Red flags when someone is rushing you
Deadlines are when bad projects sell best. The SEC and the investor regulators’ joint alert on EB-5 scams still reads as if written this week. Slow down, or walk away, if you hear any of these:
- A guaranteed return, or a guaranteed green card. Neither exists.
- ‘Wire today, the paperwork can follow.’ Your attorney reviews the offering documents before the money moves, never after.
- A regional centre you cannot find on the USCIS list of approved regional centres.
- Advice from someone who is paid by the project and will not say how much.
- A single ‘all-inclusive’ fee with no breakdown of what goes to the project, the regional centre, the lawyer and the agent.
You may also hear about a proposed rule published on 2 July 2026. It is a proposal; its comment period closed on 31 August 2026 and it is not law. DHS has said it would apply to petitions filed after any final rule takes effect. Anyone saying it has already changed the rules is ahead of the facts.
For the wider view of your options, see Golden Visas for Indians in 2026 compared, and for what happens next week, EB-5 After 30 September. Our Migration guide sets out the rest.
Questions people ask
Is EB-5 ending on 30 September 2026?
No. 30 September 2026 is only the last day to file a regional centre petition with statutory protection against a lapse. The Regional Center Program is authorised until 30 September 2027, and direct EB-5 investment has no such sunset.
Can Indians still apply for EB-5 after 30 September 2026?
Yes. Petitions can be filed in October and beyond while the programme is authorised. For visas, India’s rural, high-unemployment and infrastructure set-asides were current in the September 2026 Visa Bulletin; the unreserved category resets when the new fiscal year opens on 1 October 2026.
Does the grandfathering deadline apply to direct EB-5 investments?
No. The protection in 8 U.S.C. 1153(b)(5)(S) concerns investments associated with a regional centre, because only the Regional Center Program needs renewing by Congress.
Will the EB-5 investment amount go up in 2027?
Yes, the law requires an inflation adjustment on 1 January 2027. As of 27 September 2026 USCIS has not published the figures, so any number you see is an estimate.
A note before you decide
This is general information as of 27 September 2026, and these rules change, so check the official sources linked above. For a decision involving this much money and your family’s legal status, speak to a licensed US immigration attorney and a SEBI-registered adviser.
If you would like a second pair of eyes on a project, a timeline or a promoter’s pitch, write to us through our golden-visa enquiry. We do not sell projects and we are not paid by any. We will tell you what we would ask before signing, and whether Wednesday matters for you at all.
Three days is plenty for a family that is ready. For everyone else, the bravest thing this week may be to wait.
Sources
- 8 U.S.C. 1153 (INA 203), incl. (b)(5)(C), (E), (S), Office of the Law Revision Counsel. Accessed 26 September 2026.
- 8 CFR 103.2(a)(7), eCFR. Accessed 26 September 2026.
- Federal Register, EB-5 proposed rule, 2 July 2026 (2026-13392, RIN 1615-AC94). Accessed 26 September 2026.
- US Department of State, Visa Bulletin for September 2026. Accessed 26 September 2026.
- Fragomen, India EB-5 unreserved unavailable through 30 September (10 June 2026). Accessed 26 September 2026.
- USCIS, Approved EB-5 Immigrant Investor Regional Centers. Accessed 26 September 2026.
- Investor.gov (SEC), Investor Alert: Investment Scams Exploit Immigrant Investor Program. Accessed 26 September 2026.
- RBI, LRS FAQs. Accessed 26 September 2026.
- Standard Chartered India, revision in TCS on LRS remittances. Accessed 26 September 2026.
- Matrix Forex, TCS on foreign remittance from 1 April 2026. Accessed 26 September 2026.
- Kotak Mahindra Bank, NRO repatriation. Accessed 26 September 2026.
- HDFC Sky, INR vs USD, 25 September 2026. Accessed 26 September 2026.
- EB5Investors.com Q&A, treatment of petitions after September (12 February 2026). Accessed 26 September 2026.
- Buchalter, EB-5 at a Crossroads (19 August 2026). Accessed 26 September 2026.
- EB5 United, Three Dates Every EB-5 Investor Should Know (June 2026). Accessed 26 September 2026.
- Colombo & Hurd via National Law Review, EB-5 in 2026 (4 March 2026). Accessed 26 September 2026.