EB-5 Grandfathering – New Resource Available to IIUSA Members and EB-5 Stakeholders
In accordance with its committee charge, the IIUSA Best Practices Committee created a new resource that is now available and its purpose and intent is outlined below:
This guidance document is intended to help IIUSA members and other EB-5 stakeholders understand the critical September 30, 2026 grandfathering filing deadline under the EB-5 Reform and Integrity Act of 2022 (“RIA”), the eligibility requirements for grandfathered treatment, and the practical steps needed to ensure timely filing.
This resource is for informational purposes only and is not a substitute for legal advice. Stakeholders should independently verify current USCIS guidance, filing fees, and processing timelines, and consult with qualified immigration counsel as appropriate. All fee amounts and processing timeframes cited below are current as of the date of publication and are subject to change; stakeholders should confirm against the current USCIS Fee Schedule (Form G-1055) and USCIS filing instructions at the time of submission.
ACCESS THE RESOURCE
Other IIUSA resources on Grandfathering:
- RCBJ article by Jessica DeNisi (pg. 36)
- Preparing for the EB-5 Grandfathering Deadline (webinar recording)
- 2-for-1: Grandfathering Deadline & Age-Out Policy (webinar recording)
