Investors considering the EB-5 program in 2026 are hearing a great deal about the September 30 deadline. What is often missing from that conversation is an important distinction: the deadline applies to the EB-5 Regional Center Program, not the Direct EB-5 program.
The Regional Center Program was reauthorized through September 30, 2026, under the EB-5 Reform and Integrity Act of 2022. Unless Congress extends it again, Regional Centers will not be able to accept new petitions after that date.
The Direct EB-5 program is different. It is permanent and does not depend on periodic congressional reauthorization. As a result, Direct EB-5 investors do not face the same September 30, 2026 expiration date.
That does not mean they should wait.
One of the most important reasons to begin planning now is the investment amount. Currently, an investor may qualify for the reduced investment of US$800,000 when the business is located in a Targeted Employment Area, generally a rural area or an area with high unemployment. The standard EB-5 investment is US$1,050,000.
Under the Reform and Integrity Act, these amounts are scheduled to receive their first inflation adjustment on January 1, 2027. The exact figures are not yet known, but the required investment is expected to increase. For some investors, waiting until 2027 could mean having to commit a significant amount of additional capital to the same immigration strategy.
The investment threshold, however, is only part of the issue.
A Direct EB-5 petition is built around the investor’s own business. The investor must identify or develop a viable business, structure the investment properly, document the lawful source and path of the funds, and show how the business will create at least 10 full-time jobs for qualifying U.S. workers.
Each part requires time and careful coordination.
The business plan must explain how the company will operate, who its customers will be, how it will compete, how the investment will be used, and when the required jobs will be created. The hiring plan must make sense in light of the company’s operations and financial projections. Those projections, in turn, must be supported by realistic assumptions about revenue, expenses, staffing, equipment, location, and available capital.
These details cannot simply be added at the end of the process. They need to fit together from the beginning.
The lawful source and path of funds can also take considerable time to document. Depending on the investor’s circumstances, the evidence may include years of bank statements and tax returns, business ownership records, property-sale documents, inheritance records, loan agreements, dividend payments, or international transfers.
Sometimes the source of the money is clear, but the movement of the funds from one account, country, or transaction to another is more difficult to document. Identifying those gaps early gives the investor and attorney more time to locate records, clarify transactions, or determine whether a different source of funds should be used.
Direct EB-5 investors should also consider what may happen as September 30 approaches. Regional Center investors seeking to file before the deadline may create a rush for immigration attorneys, accountants, business plan writers, economists, and other professionals involved in preparing EB-5 cases.
Even though Direct EB-5 petitions are not subject to that deadline, investors who wait until late 2026 may still face longer preparation times and less flexibility to address problems before filing.
For example, a business concept may initially appear capable of creating 10 full-time jobs, but the financial projections may not support the payroll required to maintain those positions. The proposed location may not qualify for the reduced investment threshold. The available capital may be enough to meet the investment requirement but not enough to fund the business through its early stages. These are issues that should be identified while there is still time to adjust the strategy, not shortly before filing.
The September 30, 2026 deadline should therefore be understood correctly. It applies to the Regional Center Program. It does not mean that the Direct EB-5 program is expiring.
Still, Direct EB-5 investors have important reasons to begin preparing now. The investment thresholds are scheduled to change in 2027, the source-of-funds documentation can be extensive, and a credible business and job-creation plan cannot be assembled responsibly at the last minute.
For Direct EB-5 investors, the goal is not to beat a program expiration. It is to preserve the opportunity to file under the current investment amounts while allowing enough time to build a business plan and supporting case that can withstand careful review.
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The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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