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EB-5 ‘fast-lane’ faces early closure as demand spikes ahead of September 2026 sunset

Apr 28, 2026
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EB-5 ‘fast-lane’ faces early closure as demand spikes ahead of September 2026 sunset
An Idaho Statesman national-desk report on 27 April warns that the unreserved quota for the EB-5 immigrant-investor programme could ‘lock out’ new filings months before the government’s fiscal year ends on 30 September.​ Citing State Department Visa-Bulletin projections, the article notes that the queue for standard (US$1.05 million) and rural/TEA (US$800k) investments is on track to hit its annual numerical limit by midsummer, repeating 2025’s surprise shut-off. EB-5 demand has surged since the 2022 Reform and Integrity Act added visa-set-asides and concurrent filing, allowing investors already in the US to obtain work authorisation within three months.​ Advisers report that Chinese and Indian nationals facing decade-long backlogs in EB-2/EB-3 employment categories are front-loading EB-5 applications to beat the sunset clause that will grandfather petitions filed before 30 September 2026. Practically, companies using EB-5 as a retention tool for key foreign executives should fast-track source-of-funds documentation and secure rural projects now, as legal teams predict a mid-July ‘capacity crunch.’ Prospective investors abroad face slower I-526E adjudications—currently 28–32 months—so filing sooner maximises grandfathering protection if Congress fails to re-authorise the Regional Center programme beyond FY 2026.​
Source: Idaho Statesman / McClatchy

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