September 30, 2026 has passed. If you missed the EB-5 grandfathering deadline, you may think there is no reason to rush anymore. That could be an expensive assumption.
For an Indian family, the issue has changed. September 30 was about protection. January 1 is about cost. If your family is still studying EB-5 Projects, the next question is not whether EB-5 is still open. The question is whether you can be ready while the current $800,000 qualifying investment level still applies.
Table of Contents
- What September 30 Really Changed
- Why January 1 Is Different
- What Families Should Prepare Now
- Why EB-5 Projects Cannot Be Chosen Last
- The Clear Way to Think About This Window
What September 30 Really Changed
Many families treated September 30, 2026 as the whole EB-5 decision. That is understandable. The date mattered because families wanted more certainty that their case would remain protected if the Regional Center Program changed later.
But missing that date does not mean EB-5 has disappeared. DHS confirmed in a September 30, 2026 Federal Register rule that the reformed Regional Center Program is authorized through September 30, 2027. For a family, that means the conversation has moved from
“Did we miss the deadline?” to “What can still be done before the next cost change?”
That distinction matters. A missed protection deadline is painful, but it is not the same as missing the current investment amount. The next date can affect how much capital your family may need to set aside before the EB-5 file can even begin.
Paresh explains why project choice, timing and preparation must be read together in EB-5 planning.
Why January 1 Is Different
January 1, 2027 matters because the EB-5 investment thresholds are scheduled to adjust for inflation. USCIS policy says that for petitions filed on or after March 15, 2022, the required amounts are $1,050,000, or $800,000 for a targeted employment area, called a TEA, or an infrastructure project. A TEA is a rural or high-unemployment area that qualifies for the lower amount.
The same USCIS guidance says those amounts will automatically increase on January 1, 2027 and every five years after that. For a family, the risk is simple. If you wait for perfect clarity, the official number may change before your Source of Funds file, project documents and filing package are ready.
The law does not require anyone to guess the new amount today. It gives the adjustment formula, not the final figure. That is why a serious advisor should not tell you an unconfirmed new dollar amount. The useful advice is more practical: prepare on the basis that the current $800,000 level is time-sensitive when you compare EB-5 Projects.
What Families Should Prepare Now
For many Indian HNI families, the slowest part is not choosing from EB-5 Projects. It is proving where the money came from. Source of Funds means showing the lawful path of the investment money through tax returns, bank records, business income, property sale documents, gifts or inheritance papers.
This is where EB-5 Visa Requirements become a family planning issue. USCIS says EB-5 investors, their spouses and unmarried children under 21 may apply for lawful permanent residence if the required investment is made and at least 10 full-time U.S. jobs are created. That sounds like a rule. In a family meeting, it is really a timeline question: can the child be included, can the funds be documented, and can the case be filed before the threshold changes?
Start with documents before you start with promises. Check the family balance sheet, map the source of each transfer, and ask whether the funds can move legally from India in time. Only then does project selection become meaningful.
For deeper planning, read Acquest’s guides to EB-5 Projects, EB-5 visa cost, EB-5 visa processing time, and EB-5 deadline planning.
Why EB-5 Projects Cannot Be Chosen Last
Some families think they can complete the money file first and pick a project at the last moment. That can create another risk. EB-5 Projects are not interchangeable, because the project category can decide whether the $800,000 level applies and how the job creation story is built.
USCIS explains that an EB-5 investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers. For a family, this means the project is not only a financial product. It is part of the immigration evidence. You should understand the developer, regional center, job creation cushion, I-956F project filing, capital structure and repayment plan before money moves between EB-5 Projects.
The cleanest EB-5 file is usually built in parallel: Source of Funds on one side, project due diligence on the other. If either side is left late, the family may lose the current cost window even if the decision on EB-5 Projects was already made in principle.
Planning EB-5 for your family?
Source of Funds, project selection, and timing all interact. An Acquest advisor can walk you through where you stand.
The Clear Way to Think About This Window
My advice is not to panic. Panic leads to poor project selection. But I would also not wait casually, because January 1, 2027 is a cost date, not just a calendar date.
Use the remaining window to become filing-ready. If the Source of Funds is weak, fix it. If the review of EB-5 Projects is superficial, deepen it. If the family is divided, settle the decision now instead of waiting for the government to publish a higher number.
September 30 has already passed. January 1 has not.
About Acquest Advisors
Acquest Advisors is a trusted immigration consultancy. We work with HNI Indian families, business owners, and CXOs on residency and citizenship by investment across the US, Europe, and the UAE. Our advisory combines chartered accounting, corporate banking, and immigration expertise. That depth lets us handle Source of Funds planning, EB-5 project due diligence, documentation, and foreign remittance end to end.
FAQ
Is EB-5 still available after September 30, 2026?
Yes. The September 30, 2026 deadline was about protection, not the end of EB-5. The Regional Center Program is currently authorized through September 30, 2027, but families should still prepare before the January 1, 2027 investment adjustment.
Will the $800,000 EB-5 amount increase on January 1, 2027?
The current lower amount is $800,000 for qualifying TEA or infrastructure investments. USCIS policy says EB-5 investment amounts automatically increase on January 1, 2027, but the final revised amount should not be guessed before it is officially announced.
How should I compare EB-5 Projects before January 1?
Compare the visa category, job creation plan, I-956F status, developer track record, capital structure and repayment plan. EB-5 Visa Requirements should be reviewed with the project documents, because the project has to support both the investment and the immigration case.
To Learn more about EB-5
About Paresh Karia
Paresh Karia is the CEO of Acquest Advisors. Chartered Accountant by training and a former senior banker at HDFC, ICICI Bank, and ABN Amro, he brings over two decades of experience across global finance, real estate, and investment immigration. That dual lens, financial structuring on one side and immigration strategy on the other, is what lets Acquest evaluate Source of Funds files and EB-5 projects with a depth most pure immigration consultancies cannot match. Read more about Paresh.