Why Is 2026 the Critical Time to Invest in EB5?

With U.S. immigration policies constantly shifting and the grandfathering deadline of September 30, 2026 fast approaching, EB5 investment is no longer just a financial choice — it has become a time-sensitive strategic decision. In this article, Newland USA will provide a thorough analysis of why the current period is the most important EB5 investment timing in the program’s history, while also offering practical insights to help Vietnamese investors seize the EB-5 investment opportunity before this critical milestone passes.

1. Overview of the EB5 Program and Key Reforms Under the RIA Act of 2022

The EB5 investment program (Employment-Based Fifth Preference) is one of the most direct and lawful pathways for foreign investors and their families to obtain a U.S. Green Card. Under current regulations, investors must commit a minimum of $800,000 to a project in a Targeted Employment Area (TEA), or $1,050,000 for projects outside a TEA. This investment must create at least 10 full-time jobs for U.S. workers — either directly or indirectly through the Regional Center model.

The biggest turning point for the program came in March 2022, with the passage of the EB5 Reform and Integrity Act (RIA). This legislation not only reauthorized the Regional Center program through September 30, 2027, but also introduced a series of measures to strengthen transparency: mandatory annual independent audits, stricter investment fund oversight procedures, and most importantly, the “grandfathering” mechanism — a provision that protects petitions filed before the deadline from future legislative changes. This is the key factor that makes the current EB5 investment timing more urgent than ever for Vietnamese investors considering U.S. investment immigration.

2. The Grandfathering Deadline of September 30, 2026 — Why Is This Such a Critical Milestone?

Among all the reasons driving the urgency of EB5 investment right now, the grandfathering provision is the most important factor that every investor needs to understand. Under the RIA Act, I-526E petitions that are properly filed on or before September 30, 2026 will receive full protection: even if the Regional Center program is not reauthorized after 2027, these petitions will continue to be processed by USCIS under the rules in effect at the time of filing.

Many investors confuse the program’s authorization expiration date (September 30, 2027) with the grandfathering deadline (September 30, 2026). In reality, these two milestones work differently. Although the program remains active through the end of September 2027, petitions filed after September 30, 2026 will no longer enjoy grandfathering protection — meaning they will be fully exposed to risks from future policy and legislative changes. This is why immigration experts all emphasize that the EB-5 investment opportunity is narrowing with each passing month.

On top of that, experience from previous deadlines shows that a last-minute rush of filings always occurs. This leads to a chain of consequences: processing times stretch out, advisory resources become overwhelmed, and high-quality projects quickly fill up. Investors who act early will avoid this bottleneck and also secure an earlier priority date.

3. Investment Amounts Are About to Increase — The Chance to “Lock In” Before 2027

Another equally compelling reason to act now is that the minimum investment amount for the program will increase starting in early 2027. The RIA Act requires that EB5 investment thresholds be adjusted every five years based on the Consumer Price Index (CPI). According to estimates from multiple analyst organizations, the minimum investment for TEA projects could rise from $800,000 to approximately $900,000–$937,500 by January 2027.

This means that investors who file their petitions in 2026 will not only be protected by grandfathering but will also “lock in” a lower investment amount compared to the near future. A difference of at least $100,000 — equivalent to over 2.5 billion VND — is no small sum for a Vietnamese family planning their finances for U.S. investment immigration. Taking advantage of the current EB5 investment timing means significant cost savings and better use of family resources.

4. EB5 Set-Aside Visas Are Still “Current” — A Rare Advantage for Vietnamese Investors

An extremely positive signal from the Visa Bulletin for April 2026 is that the set-aside visa categories of the EB5 program — including rural projects (20% of total annual visas), high unemployment areas (10%), and infrastructure projects (2%) — remain “current” (available) for all countries. This means Vietnamese investors currently do not have to wait in line when filing petitions for projects in these categories.

Compared to the severe backlog that Chinese and Indian investors are facing in the unreserved (unallocated) category, this is a significant advantage for Vietnamese nationals. However, experts warn that as filing volumes continue to increase — especially as the EB-5 investment opportunity becomes more widely known in the Vietnamese market — retrogression (the rolling back of priority dates) could very well happen in the near future. Filing early gives investors a better priority date and meaningfully shortens their wait time for a Green Card.

5. New Case Management Model from USCIS — Priority for Rural Projects

In late February 2026, USCIS announced a groundbreaking change in how EB5 investment petitions are processed: a new “Inventory Management” model, taking effect on March 30, 2026. Under this model, instead of simply processing cases in the order they were received (First-In, First-Out), USCIS now applies a tiered priority system.

Specifically, the first step in the new process is that USCIS will adjudicate Form I-956F (the Regional Center project approval application) before reviewing individual I-526E petitions from investors. In other words, project approval has now become the “speed-determining factor” for all related petitions. Following that, petitions linked to rural projects will be given priority scheduling ahead of all other project types.

This change sends a clear message to investors considering U.S. investment immigration: choosing a rural project with an approved I-956F will help optimize petition processing times. At the same time, EB5 investment timing becomes even more important as queue position is no longer solely based on filing date, but also influenced by project type and I-956F approval status.

6. U.S. Immigration Is Tightening — EB5 Remains the Most Viable Path

The year 2026 has seen sweeping changes in the U.S. immigration system. Since the start of the year, the list of countries subject to entry restrictions has expanded, the visa process for workers has become more complex, and notably, the $100,000 fee applied to H-1B visas has driven many businesses and workers to seek alternatives. Against this backdrop, the EB5 investment program stands out as a faster, more predictable pathway to obtaining U.S. permanent residency.

According to leading immigration attorneys, as traditional immigration channels become increasingly restricted, EB5 is not just an option for the ultra-wealthy — it is increasingly becoming a practical choice for middle- to upper-middle-class families in Vietnam. The current EB-5 investment opportunity allows investors to concurrently file Form I-485 (Adjustment of Status) if they are already lawfully present in the U.S. on another visa such as H-1B, L-1, or E-2 — known as “concurrent filing.” This benefit enables investors and their families to receive an Employment Authorization Document (EAD) and Advance Parole while awaiting adjudication results.

7. Advice for Vietnamese Investors — Act Early

From all of the analysis above, it is clear that the current EB5 investment timing brings together a rare combination of favorable factors: the investment amount has not yet increased, set-aside visas are still available, rural projects receive processing priority, and grandfathering remains open through the end of September 2026. Investors should start by preparing their source of funds documentation early, as this is typically the most time-consuming step. The RIA Act requires “clear and convincing” evidence of the lawful origin of investment capital, so being proactive in preparation will prevent unnecessary delays.

Beyond that, project selection also needs careful consideration. Investors should prioritize projects that already have an I-956F approved by USCIS, with a transparent financial structure, a clear job creation plan, and an experienced project management team. For those looking for faster processing, rural area projects are a strong option thanks to the priority treatment from USCIS.

Finally, EB5 investment should not be seen as a hasty decision but rather a long-term strategic move, tied to educational planning for children, asset diversification, and the freedom to travel to many countries for the whole family. In the context of constantly changing immigration policies, the certainty that grandfathering protection provides is the most valuable asset an investor can have.

8. Conclusion

It is no coincidence that immigration experts all agree that 2026 is the pivotal year for the EB5 program. The grandfathering deadline is fast approaching, investment amounts are about to rise with inflation, set-aside visas remain open for Vietnamese investors, and the new case processing model is creating clear advantages for those who act early. Everything points to one conclusion: the best EB5 investment timing is right now. With the guidance of trusted advisory firms like Newland USA, Vietnamese investors can confidently seize the EB-5 investment opportunity and turn their dream of U.S. investment immigration into reality for their families.

Learn more:

• Ways to Ensure Your EB5 Capital is Safe When Investing in a Project
• The Most Effective EB5 Visa Solution in the Context of Trump Launching Gold Card
• What is Form I-829? Guide to Filing a Petition to Remove Conditions on 2-Year Green Card for EB5 Immigrant Investor Program
• The Optimal Choice for EB5 Investors to Manage a Green Card Investment Project
• Paying Taxes and What EB5 Investors Need to Know