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TaiwanWhat is the grandfather clause?
The EB-5 Reform and Integrity Act of 2022 provides that regional center petitions filed on or before 30 September 2026 are protected by a grandfather clause: even if the regional center programme later lapses, USCIS must continue to process them.
Why it matters
The regional center programme is not authorised permanently; Congress must extend it. In the past the programme has lapsed several times at expiry, leaving investors in limbo. The grandfather clause means investors who have filed need not worry about the programme lapsing mid-process.
What is protected
| Filed on or before the deadline | Filed after the deadline | |
|---|---|---|
| If the regional center programme lapses | USCIS must still process it | Depends on Congress extending it |
| Investment amount | Current amounts | Current amounts (until 1 January 2027) |
After the deadline
You can still file regional center petitions afterwards, but without the grandfather protection. The programme’s current authorisation runs until 30 September 2027, after which Congress must extend it. Direct investment does not depend on regional center authorisation.
Key dates
| Date | Event |
|---|---|
| 30 September 2026 | Grandfather clause deadline |
| 1 January 2027 | Investment thresholds adjusted for inflation |
| 30 September 2027 | Current regional center authorisation ends |
If you are rushing to file
- Complete the source-of-funds evidence: a rushed filing with gaps invites requests for evidence.
- Choose a vetted project: don’t pick an unreviewed project just to beat the date.
- Have the investment in place: you must show the funds are invested or committed when you file.
Our advice
Families planning EB-5 should build these dates into their plans and allow time to prepare their source-of-funds evidence.