EB-5 Visa Deadline Sep 30: Key for Indian H-1B Holders

The deadline applies to Form I-526E, the petition for immigrant status under the EB-5 program's set-aside categories. Filing on or before that date ensures investors are shielded from future changes to the program's investment thresholds or visa allocation rules, a safeguard introduced by the EB-5 Reform and Integrity Act of 2022.

For Indian nationals on H-1B or F-1 visas, the EB-5 route offers a path to permanent residency without the uncertainties of the H-1B lottery or employer sponsorship. A successful petition can lead to a green card, but only if the application is submitted before the grandfathering cutoff.

The RIA, which reauthorized the EB-5 program through 2027, included provisions to protect investors who filed before certain dates. The Sept. 30, 2026 deadline is the final date for new filings to qualify for these protections, after which any legislative changes could affect pending applications.

Immigration attorneys advise eligible investors to begin assembling documentation, including proof of lawful funds and investment source, well ahead of the deadline. Delays in filing could leave applicants exposed to potential rule changes, including higher minimum investment amounts or stricter compliance requirements.

The EB-5 program has been a popular option for Indian nationals, who face long waits in other employment-based categories. With the deadline approaching, demand for I-526E filings is expected to rise, and immigration experts recommend consulting with legal counsel to ensure all requirements are met before the cutoff.