This page lists EB-5 updates that affect investors and developers. Shihab Burke LLC Immigration Lawyers updates this page when EB-5 rules change. We serve EB-5 clients worldwide from our offices in Columbus and Dublin, Ohio.
For an overview of the EB-5 program, see our page for EB-5 investor visa lawyers.
What Are the Key EB-5 Dates?
Three EB-5 dates are important over the next year:
| Date | EB-5 Change | Who Is Affected |
|---|---|---|
| November 30, 2026 | New USCIS filing fees begin | Investors, regional centers, and others filing EB-5 forms |
| January 1, 2027 | Minimum investment amounts increase with inflation | Investors filing on or after this date |
| September 30, 2027 | Regional center program ends unless Congress extends it | Regional center investors and projects |
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What EB-5 Updates Are in Effect or Scheduled?
New EB-5 Filing Fees Begin November 30, 2026
New USCIS filing fees apply to EB-5 filings postmarked on or after November 30, 2026. USCIS (U.S. Citizenship and Immigration Services) is the government agency that decides EB-5 cases. The new fees are higher for EB-5 investor petitions, petitions to remove conditions, and the Integrity Fund fee.
November 30, 2026 is the date the fees change. It is not a deadline to file an EB-5 petition. See our EB-5 filing fee table for the amounts.
EB-5 Investment Amounts Increase on January 1, 2027
The minimum EB-5 investment amounts will increase with inflation on January 1, 2027. As of October 2026, the minimum is $1,050,000, or $800,000 in a targeted employment area or a qualifying infrastructure project. A targeted employment area is a rural area or an area with high unemployment.
The amount that applies depends on the date the EB-5 petition is filed. Moving money or signing project documents before January 1, 2027 does not by itself keep the current amount. As of October 2026, the government has not published the new amounts. We will post them on this page.
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The EB-5 Regional Center Program Is Authorized Through September 30, 2027
The EB-5 regional center program is authorized through September 30, 2027. A regional center is a public or private organization approved by USCIS to sponsor EB-5 projects. Congress must act to extend the program.
Regional center petitions filed on or before September 30, 2026 are protected if the program ends; they will continue to be processed. Petitions filed after that date can still be filed, but they do not have that protection. Direct EB-5 investments do not depend on the regional center program.
Reserved EB-5 Visas Remain Available (October 2026)
In the October 2026 Visa Bulletin, EB-5 visas reserved for rural, high-unemployment, and infrastructure investments were available for all countries with no waiting list. The Visa Bulletin is a monthly government chart that shows when visas are available.
Unreserved EB-5 visas had waiting lists for some countries, including China and India. See our October 2026 Visa Bulletin update for details.
What EB-5 Changes Have Been Proposed?
On July 2, 2026, the Department of Homeland Security proposed new EB-5 rules. As of October 2026, the proposed rule is not in effect, and the final rule may be different. The proposed rule would:
- Set a $1.4 million minimum investment for projects in certain areas with low unemployment
- End the option to qualify by saving jobs in a struggling business
- End job credit for bridge financing (a short-term loan later repaid with EB-5 money)
- Increase USCIS oversight of regional centers
- Give investors more flexibility when a project changes
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Is the Gold Card Part of the EB-5 Program?
No. The Gold Card is a separate program created by an executive order in September 2025. The Gold Card program uses the EB-1 and EB-2 green card categories and is based on a large payment to the U.S. government, not a job-creating investment. As of October 2026, the legality of the Gold Card program is being challenged in federal court.
EB-5 Updates: Frequently Asked Questions
Do I have to file my EB-5 petition before November 30, 2026?
No. November 30, 2026 is when new EB-5 filing fees begin. It is not a deadline for filing an EB-5 petition.
If I invest before January 1, 2027, which EB-5 investment amount applies?
The EB-5 investment amount depends on when the petition is filed, not when the money is invested. Petitions filed before January 1, 2027 are generally subject to the current amounts.
Can I still file an EB-5 regional center petition after September 30, 2026?
Yes, while the regional center program is authorized. Regional center petitions filed after September 30, 2026 do not have the special protection that applies if the program ends.
Is the proposed $1.4 million EB-5 amount in effect?
No. As of October 2026, the $1.4 million EB-5 amount is only a proposal.
Does the Gold Card replace the EB-5 program?
No. The Gold Card is a separate program. The EB-5 program remains in effect under federal law.
Where can I find current EB-5 visa dates?
Current EB-5 visa dates are published each month in the Visa Bulletin. See our October 2026 Visa Bulletin update for current dates.
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Talk with an EB-5 Lawyer
EB-5 rules are changing, and the right timing depends on each investor’s situation. Contact our Columbus or Dublin, Ohio office, or call 866-665-0001, to schedule a consultation in person, by phone, or by video conference.
