US EB-5 Program: How to secure your spot

This is false.

In 2021, the Regional Center Program expired and lapsed. By March 2022, Congress agreed on a new version of the Regional Center program (including a price increase from $500,000 to $800,000 amongst other changes) and reinstated the program for 5 additional years (until September 2027).

Although the program is valid until September 2027 as per law, it is also written into legislation that only those who apply prior to September 30, 2026 will be “grandfathered” into the program.

Officially, the US Regional Center EB-5 program is valid until September of 2027 however, applying prior to September 30, 2026 is imperative if one wants the guarantee of being included in the EB-5 Program.

“Grandfathering” essentially means that those who apply before a certain date (in this case September 30, 2026), are guaranteed to be accepted by the US government and processed as per the law as it is on the date of application.

This new language was added to the law in 2022 as a way to protect investors from any potential changes to the EB-5 program which may happen after the mentioned grandfathering date, including price changes and ultimate cancellation of the program.

Those who apply after September 30, 2026 are not and will not be guaranteed by the current EB-5 law and legislation. This is only 8 months away from a planning perspective.

This is the golden question which no one can answer. In 2025, President Trump announced his intention to cancel the EB-5 Program and replace it with a new donation based program for the wealthy. However, changing a law in the US is difficult and requires a lengthy legislative process. As a result, he has been unable to eliminate the EB-5 program until date.

Once the program comes up for renewal in September 2027, it may be his opportunity to make attempts to cancel the program. He may succeed or due to push back from the EB-5 industry and various lobbyists he may fail. The greater likelihood is that the conflict between industry and administration may cause a delay in official renewal and therefore result in a lapse in the program as we saw in 2021 – at which point no new applications will be accepted.

It has already been decided that there will be a guaranteed increase in investment amount should the program continue in 2027 in order to adjust with inflation.

September 2027 is an important date as the program may be canceled, renewed, changed, be a price increase.

Technically yes. “At Step Global, we have been submitting US green card applications for various families across the GCC, Middle East, India, Pakistan, Europe and Africa for over 13 years. We have seen it all,” warns Deepanshu Choudhry, Head of Legal at Step Global.

The harsh reality is that waiting until the last moment to apply may result in unforeseen issues. Immigration for any country is unpredictable which should motivate strategic planning.

It is never too early to plan and apply. Proactivity is much better than reactivity.

“In our upcoming seminar we will be discussing important practical issues to consider and how to over come these, some of which are briefly described below,” mentions Preeya.

Currently, Indian and Chinese nationals are “current” in the reserved EB-5 categories. That means there is no backlog for visa issuance and individuals are receiving their green cards in sometimes less than 12 months. However, due to the high demand and high number of applicants, a backlog is not only expected, but inevitable for both Chinese and Indian born nationals.

Strategic timing of submission is crucial to decrease likelihood of being caught in a backlog.

One of the most appealing highlights of the current EB-5 Program, is that the government allows those who have applied to the EB-5 program to also apply for Adjustment of Status Concurrent filing.

Those on any valid visa in the US can apply for an Employment Authorization Document (EAD) and Travel Document (Advance Parole) from within the United States once their EB-5 application has been submitted. Effectively, this gives the applicant the rights and benefits of being a US resident, before the green card is even issued. If planned correctly this can act also as a buffer to retrogression.

“This has been a lifesaver for many of our clients who were on the verge of losing jobs due to not having a status to work in the US,” states Preeya Malik, Managing Director of Step Global.

However, it is important to note that the moment a backlog is announced, this benefit is no longer available to the applicant, meaning those on expired visas or no visas will need to leave the US until their green card is finally processed.

The EB-5 Program includes the investor, investor’s spouse, and any children under 21 years of age on one application, so all can receive the green card under one investment amount. Many families find this to be of great value, as all children can obtain the green card for the $800,000 investment amount. A child’s age is frozen at the date the application is filed with the US government. The date is unfrozen on the date of approval of the application. The risk here is that in the event of a backlog, a child could age out by the time visas become available for the family. This becomes riskier, the longer one waits to apply before a child’s 21st birthday.

Complications as to timing may arise the longer one waits to apply as the risks of a child aging out become a real concern for families, including the decision of who to include on the application, or the costlier scenario of having to two do applications for the family.

“Applying immediately is our recommendation in order to avoid any unforeseen challenges or to resolve such challenges in a timely manner,” Choudhry advises. While it’s true that the $800,000 is a large investment requirement under the EB-5 program, albeit it’s generally refundable after a certain period, it’s important to recognize that the long-term benefits far outweigh this temporary monetary cost.

The EB-5 program is a complicated immigration route comprising of an array of intricacies that must be interpreted in the right manner for a successful outcome. Many factors play a vital role in resulting in the success of an EB-5 application.

Step Global, a team of lawyers and the oldest EB-5 team in the GCC with over 13+ years of experience, will be conducting a candid discussion in DIFC this coming Sunday (January 25, 2026). Known for their straight forward approach to educating clients, the session will cover nuances and practical issues and realities one must not ignore when planning strategically for the US green card via the EB-5 Program.