In February 2025, President Trump said he would end the EB-5 program and replace it with the “Gold Card.” Nearly two years later, the Gold Card has produced few approvals. For investors, the real question is what Congress will do.
The Deadline That Matters
The EB-5 Regional Center Program, which accounts for nearly all investor filings, is authorized only through September 30, 2027. Unless Congress extends it, the program lapses. Direct EB-5 investment is permanent law and is not affected.
Grandfathering is critical. Petitions filed on or before September 30, 2026 must continue to be processed even if the program lapses. Later petitions have no such guarantee. When the program last lapsed in 2021, USCIS stopped processing pending regional center cases for nearly nine months.
What Changed on November 3
Democrats won control of both the House and Senate. Senator Chuck Grassley, a longtime EB-5 reform leader, loses the Judiciary Committee chair in January. The industry has asked Congress to extend the program to 2032, likely through must-pass funding legislation. Any extension would still need the President’s signature.
Key Dates
- November 30, 2026: The Form I-526E filing fee rises from $3,675 to $7,850.
- January 1, 2027: Minimum investments, currently $800,000 (TEA/infrastructure) and $1,050,000 (standard), adjust for inflation. DHS has not published final figures, but industry estimates are roughly $900,000 and $1.2 million.
- September 30, 2027: The Regional Center Program expires unless reauthorized.
What This Means for You
Timing matters. Filing a complete I-526E before November 30 avoids the fee increase, and filing before January 1 generally locks in today’s investment amounts. New investors should also weigh regional center reauthorization risk against direct investment.
Meltzer Hellrung advises foreign investors and their families on EB-5 strategy and alternative paths to a U.S. green card. Contact us to discuss your options.
