The EB-5 Immigrant Investor Program remains a powerful pathway to U.S. permanent residency while supporting economic growth and job creation. 2026 is a pivotal year: grandfathering protections under the Reform and Integrity Act (RIA) remain available, fee adjustments are pending, and USCIS adjudication trends continue to evolve. Investors who act strategically—by filing early, documenting comprehensively, and monitoring compliance—may be best positioned for success.
I-526 Filing (Initial Petition & Investment)
1. Leverage grandfathering before program changes
Investors may wish to file their I-526 forms before Sep.
30, 2026, to lock in current investment thresholds and TEA benefits
under the RIA before any new regulations or fee increases take
effect.
2. Act before potential price hikes
Following a late 2025 court-ordered fee reduction, filing
now allows investors to take advantage of lower EB-5 filing
fees.
3. File early to avoid retrogression delays
Visa backlogs in set-aside categories (TEA, rural, and
infrastructure) remain a concern, particularly for applicants from
China and India. Early filing may secure investors' priority
dates and position them ahead of future cut-off dates.
4. Submit a well-documented petition
Investors may wish to work with counsel to organize
timelines, source-of-funds evidence, business registrations, and
tax documentation. Clear documentation may reduce the likelihood of
receiving Requests for Evidence (RFEs).
5. Provide comprehensive tax filings
Include seven years of U.S. and foreign tax
returns—or official proof of no tax obligations—to meet
regulatory requirements.
6. Include complete business registration records
Corporate filings, licenses, shareholder agreements, and
proof of good standing for all entities generating EB-5 funds are
essential.
7. Reconsider older source-of-funds documentation
Funds originating many years ago are harder to verify and
may contain gaps. Given increased USCIS scrutiny, consider
providing more recent source-of-funds evidence.
8. Exercise caution with loans
Loans from the New Commercial Enterprise or any entity
associated with the Regional Center may trigger USCIS scrutiny.
Investors may wish to discuss any such loans with counsel in
advance.
9. Avoid installment funding
USCIS currently disfavors phased contributions. Full
upfront funding might reduce the likelihood of RFEs or denials,
particularly when seeking grandfathering protection.
10. Document all capital transfers thoroughly
Investors should consider maintaining wire confirmations,
bank statements, and reconciliations in order to ensure traceable,
auditable transfers.
11. Address Communist Party membership proactively
Discuss any membership in the past five years with counsel
and consider selecting the optimal primary applicant to avoid
eligibility issues.
12. Perform rigorous due diligence on Regional Centers
and projects
Verify USCIS approval, financial stability, construction
timelines, and job creation projections. Investors may wish to work
with a U.S.-licensed broker/dealer or business advisor.
Adjustment of Status (AOS) / Consular Processing
13. Consider concurrent filing strategically
Concurrent I-526 and AOS filing may provide work
authorization and travel flexibility for applicants in the United
States on valid nonimmigrant status. Confirm eligibility and timing
with counsel.
14. Maintain underlying visa status
Fallback status prevents unlawful presence if an
applicant's EB-5 petition is denied and may allow alternative
green card options or appeals to be filed.
15. Track visa bulletin movement and country-specific
limits
Retrogression may occur, particularly for China and India.
Monitor the visa bulletin monthly to ensure timely AOS or consular
filing.
16. Keep documentation organized for consular
interviews
Investors should have their I-526 approval, tax filings,
investment records, and corporate documentation ready for
review.
17. Expect potential delays due to security checks
Background checks and name matching may slow processing,
so investors may wish to build extra time into their planning.
18. Disclose status violations, unauthorized work, or
criminal issues proactively
Applicants may wish to discuss any potential issues with
counsel early to prevent denials or complications.
19. Apply for a Reentry Permit for extended travel
U.S. permanent residents must maintain at least 180 days
of residence annually. For planned absences longer than 180 days, a
Reentry Permit allows up to two years abroad without risking green
card status.
20. Renew EAD and AP documents proactively
For AOS applicants, investors may wish to file extensions
at the 180-day mark to avoid work or travel interruptions, as
automatic extensions have been discontinued.
I-829 / Removal of Conditions
21. Prepare early for I-829 filing
Maintain communication with the Regional Center to track
project completion, job creation, and capital investment from I-526
through I-829. Alert counsel to any delays or issues promptly.
22. Align I-829 filings with original investment
documentation
Cross-check I-829 submissions against I-526 to avoid
inconsistencies that might trigger RFEs.
23. Consider mandamus for excessive I-829 delays
Mandamus litigation might be an effective tool to compel
USCIS action when processing times exceed norms.
24. Plan travel around the I-829 receipt notice
Filing an I-829 extends conditional permanent resident
status and provides up to 48 months of work and travel
authorization. Investors may wish to avoid international travel
until the receipt notice is issued, as it is required for
reentry.
Naturalization Planning
25. Track residency requirements for U.S.
citizenship
EB-5 investors may apply for naturalization five years
after receiving the conditional green card. Maintain detailed
records of physical presence and residence after conditional green
card approval.
26. Prepare early for the naturalization interview and
civics/English test
USCIS has increased the number of questions and
expectations for passing. Begin study and preparation well in
advance of eligibility.
2026 might be a strategic year for EB-5 investors. With grandfathering protections still available, potential fee increases on the horizon, and heightened scrutiny on compliance, proactive planning is essential. Investors who file early, maintain comprehensive and organized records, monitor Regional Center and project compliance, and address potential issues with counsel in advance may be best positioned for success. Approaching each stage of the EB-5 lifecycle—from I-526 filing, through AOS or consular processing, I-829 removal of conditions, and eventual naturalization—with diligence and foresight may help investors navigate evolving regulations and optimize their path to U.S. residency and citizenship.
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.
