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!