What is the grandfather clause?
The EB-5 Reform and Integrity Act of 2022 provides that regional centre petitions filed on or before 30 September 2026 are protected by a grandfather clause: even if the regional centre programme later lapses, USCIS must continue to process them.
Why it matters
The regional centre programme is not authorised permanently; Congress must extend it. The grandfather clause means investors who have filed need not worry about the programme lapsing mid-process.
Petitions filed after that date
New petitions filed afterwards do not have this protection, so it is worth watching whether Congress reauthorises the programme.
Key dates
| Date | Event |
|---|---|
| 30 September 2026 | Grandfather clause deadline |
| 1 January 2027 | Investment thresholds adjusted for inflation |
| 30 September 2027 | Current regional centre authorisation ends |
Our advice
Families planning EB-5 should keep these dates in mind and allow time to prepare their source-of-funds evidence.