ARTICLE
21 July 2026

Immigration Insights Episode 28 | EB-5 Deadline Alert: Key Considerations Before September 30 (Podcast)

GT
Greenberg Traurig, LLP

Contributor

Greenberg Traurig, LLP has more than 3,100 lawyers across 51 locations in the United States, Europe, the Middle East, Latin America, and Asia. The firm’s broad geographic and practice range enables the delivery of innovative and strategic legal services across borders and industries. Recognized as a 2025 BTI “Best of the Best Recommended Law Firm” by general counsel for trust and relationship management, Greenberg Traurig is consistently ranked among the top firms on the Am Law Global 100, NLJ 500, and Law360 400. Greenberg Traurig is also known for its philanthropic giving, culture, innovation, and pro bono work. Web: www.gtlaw.com.

As the September 30 grandfathering deadline approaches for the EB-5 regional center program, investors face critical decisions about filing their I-526E petitions to secure protection under current program rules. What protections does this deadline actually provide, and what recent Administrative Appeals Office decisions mean for investors considering partial investment strategies? Immigration attorneys Kate Kalmykov and Jennifer Hermansky examine these urgent questions while analyzing USCIS's newly release
United States Immigration
Kate Kalmykov’s articles from Greenberg Traurig, LLP are most popular:
  • with readers working within the Insurance industries

In this episode of the Immigration Insights Podcast, host Kate Kalmykov and her colleague Jennifer Hermansky, both members of Greenberg Traurig’s Global Immigration & Compliance Practice, break down the most pressing developments in the EB-5 regional center program as a critical deadline approaches.

The discussion opens with a detailed explanation of the Sept. 30 grandfathering deadline established under the EB-5 Reform and Integrity Act (RIA). Investors who file their I-526E petition before that date will be protected in their immigration journey regardless of whether Congress reauthorizes the EB-5 program beyond its current sunset date of Sep. 30, 2027.

The hosts explain what grandfathering does and does not protect, including the anticipated inflation-based investment amount adjustment coming in January 2027, the continued applicability of the Child Status Protection Act, and the potential for Congress to introduce new program requirements upon reauthorization.

Kate and Jen offer practical guidance for investors seeking to file before the deadline, emphasizing the importance of early preparation, thorough source of funds documentation, and avoiding last-minute filings.

A significant portion of the episode is also devoted to a series of favorable Administrative Appeals Office (AAO) decisions overturning USCIS denials in cases involving partial investments.

The episode concludes with breaking news: on the day of recording, July 1, USCIS released its long-awaited Notice of Proposed Rulemaking implementing the RIA more than four years after the law’s enactment. Kate and Jen note that there will be follow-up podcast and detailed analysis once they have completed their review!

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More