2026 US Green Card "Grandfathering" Deadline: What You Need to Know!

On January 19, 2026, the highly anticipated IIUSA-THE FIRST EB-5 INDUSTRY FORUM OF 2026 was held at the JW Marriott Hotel Tomorrow Square. As an industry leader, Globevisa was invited to attend and join forces with prominent U.S. Regional Centers, top-tier attorneys, and policy experts.

The experts addressed core issues such as the impact of Trump’s "Gold Card" policy, legal protections under the EB-5 Grandfathering Clause, the latest USCIS adjudication trends, and early warnings for new policy backlogs and project risk control. As an in-house attorney for Globevisa, I am bringing you first-hand core information from the summit to help you accurately navigate the 2026 US Green Card landscape.

Core Question 1: What happens after the 5-year term of the EB-5 RIA expires?

Summit experts warned that after the 5-year term set by the EB-5 Reform and Integrity Act (RIA) expires (in 2027), the rules for the new EB-5 law may undergo a major reshuffle.

• Investment amounts may rise: The current $800,000/$1.05 million investment levels could be adjusted to $1.5 million or even higher.

• Backlog is expected to occur shortly: With the increasing number of applicants and the continuous consumption of green card quotas, the "no-backlog" dividend of reserved visas will disappear. Investors will no longer enjoy the "Green Channel" for rapid green card acquisition.

Core Question 2: What will EB-5 investors face after September 30, 2026?

Experts unanimously emphasized that the "Grandfathering Clause"—a protective provision in the current RIA—is the ultimate shield for investors. September 30, 2026, is the "line of life and death" for investors to lock in current policy dividends. Those who submit their applications before this date will be protected by law and "follow the old rules," regardless of whether the EB-5 law expires or policies change in the future. If the law fails to be smoothly extended after September 30, 2026, investors who apply after that date may not enjoy the same legal protection and could face multiple unknown risks such as price hikes or stagnation.

Core Question 3: What are the latest USCIS moves in the final 8 months of the Grandfathering Clause?

With the 8-month countdown to the Grandfathering Clause underway, USCIS adjudication styles are shifting drastically. Senior attorney Jeff Xie pointed out that USCIS is strictly controlling "placeholder" applications—cases submitted with incomplete materials just to secure a spot. USCIS is using systematic retrospective monitoring to ensure all applications locking in the Grandfathering Clause are authentic and reliable. Furthermore, adjudication is accelerating. USCIS is working to digest backlogged cases, showing extremely fast approval speeds for Rural Projects (as fast as 52 days, with an average of about 8 months).

Core Question 4: How to grasp the latest USCIS standards and success rate changes?

Under the new law, a project’s I-956F is a vital document for judging compliance. Regarding the audit of source of funds, although the approval rate for I-526E petitions remains high, USCIS has entered an era of "penetrative" AI auditing. Experts reminded investors: I-526E approval is no longer the finish line; investors must ensure their application documents have logical flow and a complete chain of evidence to withstand long-term scrutiny in the AI era.

In the face of increasingly strict supervision, investors can no longer act alone. Project quality and risk control are the keys to success. As Globevisa representative Julia stated at the summit, Globevisa treats "rigorous screening" as the lifeline of a project. We have established a dedicated department to track project progress annually and our internal legal team has set hard risk-control thresholds: insisting that the developer’s own capital contribution must meet safety standards and be fully funded to eliminate over-reliance on EB-5 funds.

Need further assistance with your EB-5 application or project analysis? I can help you review specific documentation requirements or provide more details on the Rural Project fast-track.