By Adam Greene, EVP, EB-5, Peachtree Group | Secretary/Treasurer, Invest in the USA (IIUSA)

For much of 2026, September 30 was one of the most closely watched dates in the EB-5 industry. Now that the grandfathering deadline has passed, I’m hearing the same question from investors, immigration attorneys and industry partners: What happens next?

The first thing to understand is what September 30 did — and did not — change. The EB-5 Regional Center Program did not expire. It remains authorized through September 30, 2027. What has changed is the grandfathering landscape, and that has shifted much of the industry’s attention to Washington.

I was there recently as part of IIUSA’s latest Capitol Hill meetings, and I came away encouraged by the level of engagement and understanding of EB-5 — while also recognizing that the legislative process remains uncertain.

One of the trends that became obvious in the lead up to September 30, 2026 was how the rush put pressure to file on EB-5 investors, immigration attorneys, regional centers, and deal sponsors. Many investors just couldn’t meet the September 30 deadline if they had not engaged an immigration attorney by mid-August.

We face a different type of deadline on December 31, 2026. The required investment will increase on January 1, 2027. By Peachtree’s calculations, the minimum for TEA projects will increase to at least $900,000. Peachtree has structured our current offerings to be able to accept investors at both levels of investment. However, if you are focused on investing at the current threshold, it’s important to engage an immigration lawyer and pick your project as soon as possible. Of course, at Peachtree, we are eager to help.

The key takeaway

The September 30, 2026 grandfathering deadline has passed, but the EB-5 Regional Center Program continues. The industry is now focused on the January 1, 2027 price increase, and what happens between today and the program’s September 30, 2027 authorization date.

September 30 Was a Grandfathering Deadline — Not the End of the Regional Center Program

The EB-5 Reform and Integrity Act of 2022 (RIA) reauthorized the Regional Center Program through September 30, 2027 and established a separate September 30, 2026 grandfathering filing date.

The grandfathering provision was designed to provide certain protections for qualifying Regional Center investors who filed by that date in the event of a future lapse or change in the program.

September 30, 2026 marked the end of that statutory grandfathering window. It did not mark the expiration of the Regional Center Program itself.

That distinction is important as investors, immigration attorneys, Regional Centers and other EB-5 stakeholders look toward the year ahead.

What I Heard in Washington

As Secretary/Treasurer of IIUSA, I am privileged to be directly involved in the industry’s legislative advocacy efforts. Most recently, I joined other IIUSA members in Washington, D.C., for meetings on Capitol Hill.

Over the course of the visit, IIUSA participants reached 42 Senate offices and seven House offices, including congressional leadership and relevant committee offices. Grandfathering and the longer-term future of the Regional Center Program were among the key issues discussed.

What stood out to me was the level of engagement with EB-5 across the offices we visited. There is an understanding of the program and the issues currently facing the industry. I left Washington encouraged by those conversations.

At the same time, legislative outcomes are never guaranteed. There is still work to be done, and the timing and ultimate outcome of congressional action remain uncertain.

For me, that makes continued engagement even more important. Through IIUSA, I’ll remain involved in those conversations and continue to share meaningful developments with our investors, immigration attorneys and industry partners.

Peachtree’s Focus Remains the Investment

While Washington is important, it isn’t where our day-to-day work at Peachtree begins or ends.

Our role in the EB-5 process is to provide investors with well-structured investment opportunities.

That means identifying and underwriting projects, structuring EB-5 investments, monitoring construction and job creation, and providing investors and their advisors with the information they need to evaluate an opportunity.

The underlying investment remains a critical part of any EB-5 decision. Capital structure, construction status, job creation, sources of financing, repayment strategy and overall project fundamentals all matter.

That’s where Peachtree will continue to focus our expertise, while my involvement with IIUSA helps us stay closely connected to the broader issues affecting the EB-5 industry.

What I’m Watching Next

The next important date is September 30, 2027, when the Regional Center Program’s current authorization is scheduled to expire.

Between now and then, I’ll be watching the industry's efforts around grandfathering and longer-term reauthorization, along with the broader legislative and regulatory developments affecting EB-5.

There will undoubtedly be more discussion in Washington. There may also be periods when there isn’t much news to report. Our goal is not to speculate about what Congress might do, but to stay engaged, understand the issues and share relevant developments as they happen.

In the meantime, EB-5 continues — and so does our work providing investment opportunities for investors pursuing the program.

EB-5 After September 30, 2026: Frequently Asked Questions

Did the EB-5 Regional Center Program expire on September 30, 2026?

No. The EB-5 Regional Center Program remains authorized through September 30, 2027. September 30, 2026 was the grandfathering filing deadline established under the EB-5 Reform and Integrity Act.

What was the September 30, 2026 EB-5 grandfathering deadline?

The RIA established protections for qualifying Regional Center investors who filed by September 30, 2026 in connection with a potential future lapse of the Regional Center Program. That statutory filing window has now closed.

Can investors still make an EB-5 investment after September 30, 2026?

The Regional Center Program continues after September 30, 2026 under its current authorization through September 30, 2027. The expiration of the grandfathering window, however, creates a different environment for investors filing after that date and is an issue the EB-5 industry is actively addressing in Washington.

What happens to EB-5 after September 30, 2026?

The Regional Center Program continues. Attention now turns toward the September 30, 2027 authorization date and ongoing legislative efforts surrounding grandfathering and the longer-term future of the program.

What happens to the required investment amount on January 1, 2027

Unless Congress changes the law, the required investment threshold will increase to at least $900,000 on January 1. This new amount applies to I-526E petitions filed after December 31, 2026.

Is the EB-5 industry working to address the grandfathering issue?

Yes. IIUSA and other EB-5 stakeholders have made grandfathering and longer-term reauthorization important advocacy priorities on Capitol Hill. I continue to participate in those efforts through my role as IIUSA Secretary/Treasurer.

What is Peachtree Group’s role in EB-5?

Peachtree Group provides EB-5 investment opportunities through its Regional Center and investment platform. Our focus is on identifying, underwriting and structuring projects, monitoring project progress and job creation, and providing investors and their advisors with information about the investment.

Explore Peachtree Group’s EB-5 Projects

Considering EB-5? Explore Peachtree Group’s currently available EB-5 investment opportunities or contact our team to learn more about a project for you or your clients.

This information is provided for general informational purposes only and should not be construed as immigration, legal, tax or investment advice.