US EB-5 PROGRAM: THE IMPORTANCE OF TIMING

In the wake of a possible change affecting the popular US EB-5 Program, the management team at leading immigration consultancy firm Step Global provides answers to some frequently answered questions

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'VE HEARD THE EB-5 PROGRAM NO LONGER EXISTS? This is false.

In 2021, the Regional Center Program expired and lapsed. By March 2022, Congress agreed on a new version of the Regional Center program (including a price increase from $500,000 to $800,000 amongst other changes) and reinstated the program for 5 additional years (until September 2027).

Although the program is valid until September 2027 as per law, it is also written into legislation that only those who apply prior to September 30, 2026 will be “grandfathered” into the program.

Officially, the US Regional Center EB-5 program is valid until September of 2027 however, applying prior to September 30, 2026 is imperative if one wants the guarantee of being included in the EB-5 Program.

WHAT IS MEANT BY GRANDFATHERING?

“Grandfathering” essentially means that those who apply before a certain date (in this case September 30, 2026), are guaranteed to be accepted by the US government and processed as per the law as it is on the date of application.

This new language was added to the law in 2022 as a way to protect investors from any potential changes to the EB-5 program which may happen after the mentioned grandfathering date, including price changes and ultimate cancellation of the program.

Those who apply after September 30, 2026 are not and will not be guaranteed by the current EB-5 law and legislation. This is only 8 months away from a planning perspective.

WILL THE EB-5 PROGRAM CONTINUE AFTER SEPTEMBER 2027?

This is the golden question which no one can answer. In 2025, President Trump announced his intention to cancel the EB-5 Program and replace it with a new donation based program for the wealthy. However, changing a law in the US is difficult and requires a lengthy legislative process. As a result, he has been unable to eliminate the EB-5 program until date.