There has been renewed discussion surrounding the EB-5 Immigrant Investor Program following public remarks in early 2025 by Donald Trump about potentially creating a new investment-based immigration pathway sometimes referred to in the media as a “gold card” or “golden visa.” While no legislation has yet replaced the EB-5 program, these discussions have created uncertainty about the long-term structure of investor-based immigration options in the United States.
At present, the EB-5 program remains governed by the reforms enacted under the EB-5 Reform and Integrity Act of 2022 (RIA). The RIA reauthorized the Regional Center Program through September 30, 2027 and introduced significant compliance, oversight, and integrity measures.
The Importance of the Grandfathering Provision
One of the most important protections included in the RIA is the grandfathering clause.
Under the statute, investors who properly file Form I-526 or I-526E petitions before September 30, 2026, are protected even if the Regional Center Program sunsets after September 30, 2027. This means:
- Their petitions will continue to be adjudicated.
- Their eligibility will be determined under the rules in effect at the time of filing.
- Future legislative changes should not negatively affect properly filed petitions before the statutory deadline.
This provision provides meaningful stability during a time of political and legislative uncertainty.
Anticipated Surge Before 2026 Deadline
As we approach the September 30, 2026 filing deadline for grandfathering protection, immigration practitioners expect:
- Increased investor interest
- Higher petition volumes
- Potential USCIS backlogs
- Project subscription pressures
Historically, immigration programs facing sunset or reform deadlines experience significant filing surges in the final months. We anticipate similar trends in late summer 2026.
For this reason, investors should consider beginning planning well in advance rather than waiting until mid-2026.
Why EB-5 Remains a Strong Option
Despite political discussions about possible future investor programs, EB-5 remains:
- A direct pathway to lawful permanent residency (a green card)
- Available without employer sponsorship
- Flexible for entrepreneurs and business owners
- Structured to allow potential return of invested capital (subject to project risk)
Current minimum investment amounts are:
- $800,000 for Targeted Employment Area (TEA) projects
- $1,050,000 for non-TEA projects
Additionally, with ongoing uncertainty in employment-based visa categories such as H-1B, many investors are exploring EB-5 as a more direct route to permanent residency.
While discussions of potential new investment visa programs continue, the EB-5 program remains active, authorized, and protected by statutory grandfathering provisions.
Investors considering EB-5 should evaluate timing carefully, particularly in light of the September 30, 2026 filing protection deadline and the September 30, 2027 program authorization date.
Strategic early preparation may help avoid delays and filing surges as those deadlines approach.