EB-5 Visa Deadline Sep 30: Key for Indian H-1B Holders

The September 30, 2026, deadline applies to Form I-526E, the petition for immigrant status by regional center investors. Filing by that date ensures the application is protected under the EB-5 Reform and Integrity Act of 2022, even if the program's rules change later.

Grandfathering shields investors from future legislative or regulatory changes that could raise investment thresholds or alter eligibility criteria. Without it, applicants risk losing their place in the visa queue if the program is modified or lapses.

For Indian nationals, the EB-5 route offers a way to bypass the decades-long backlog in the employment-based categories, particularly the EB-2 and EB-3 visas that many H-1B holders rely on. A successful EB-5 petition can lead to a green card without requiring a sponsoring employer.

Applicants must also meet the program's investment minimums: $800,000 for projects in targeted employment areas (TEAs) or $1.05 million for other areas. The funds must be sourced lawfully, and the investment must create or preserve at least 10 full-time jobs for U.S. workers.

Lawyers advise starting the process early, as assembling the required documentation, including source-of-funds evidence and business plans, can take several months. Those who miss the deadline may still file, but they would lose the grandfathering protection and become subject to any future rule changes.