Is EB-5 Still Available? What You Need to Know Before 2027
The EB-5 Immigrant Investor Program has helped thousands of families gain permanent residency in the United States through strategic, job-creating investments. While the program has undergone changes over the years, one thing remains constant: EB-5 continues to offer one of the most direct and reliable routes to a U.S. Green Card for high-net-worth individuals and their families.
The EB-5 program is officially authorized until 2027—and thanks to recent legislative changes, those who invest before that date will remain eligible to complete their Green Card process even if the program is discontinued later. This “grandfathering” protection is a game-changer for global investors seeking peace of mind.
In this article, we’ll explain how the EB-5 program works, what its current status means for new applicants, and why now is a prime moment to act.
How the EB-5 Program Works—and Why 2027 Matters
The EB-5 Immigrant Investor Program offers a straightforward path: invest in a qualifying U.S. business that creates jobs, and you and your family can get Green Cards. Most investors contribute $800,000 to a project located in a targeted employment area (TEA) through what's known as the Regional Center Program.
This pathway is especially appealing because it's a direct route to permanent residency without the need for employer sponsorship or lottery-based systems. Once your initial petition is approved, you’ll receive a two-year conditional Green Card. After those two years, you can apply to remove the conditions and become a permanent resident. In total, it’s about a five-year journey from investment to U.S. citizenship.
The EB-5 program is not new. It’s been around since 1990 and is periodically reauthorized by Congress—usually as part of larger government spending bills. In 2022, the EB-5 Reform and Integrity Act (RIA) extended the program’s authorization through September 30, 2027.
Most importantly, the law now includes a “grandfathering” clause. That means anyone who files their EB-5 petition before the 2027 deadline will still be eligible to complete the immigration process—even if the program is paused or changed later. In an unpredictable immigration environment, this kind of protection is rare—and extremely valuable.
EB-5 Is Available and Fully Operational Today
Despite past lapses, EB-5 is fully open today—and there’s no sign of that changing anytime soon.
USCIS is actively processing petitions, and the Visa Bulletin continues to show current visa availability across most EB-5 categories.
One of the biggest advantages for today’s investors is the special visa set-aside categories introduced by the 2022 reform law. These include:
Rural projects (20% of EB-5 visas)
High-unemployment areas (10%)
Infrastructure projects (2%)
These categories have visa spots currently available, even for applicants from high-demand countries like India and China. And if you invest in a rural project, you also qualify for priority processing, which can significantly speed up your approval.
In short, EB-5 is not only available—it’s optimized for new investors right now.
However, while the program is secure today, investors should not assume it will always remain the same. Filing before 2027 offers critical advantages:
You are “grandfathered in.” Regardless of what happens to the program after 2027, your case will be processed.
You can take advantage of current visa availability. Reserved categories like rural projects are still current in the Visa Bulletin.
You sidestep future policy risks. Any rule changes, fee increases, or restrictions enacted in the future will not apply to your existing case.
You gain predictability. Filing now provides a level of assurance that few other immigration options offer today.
Why Strong Projects and Trusted Advisors Matter
While timing is important, choosing the right project is just as critical to EB-5 success. A poorly structured or risky project can lead to delays—or worse, denial. Investors must be certain the project will meet job creation requirements and follow USCIS-compliant fund management practices.
That’s why it’s essential to work with experienced EB-5 investment advisors who can guide you through the process, conduct thorough due diligence on your behalf, and help you select a secure, premium EB-5 project that aligns with your immigration and financial goals.
At Arcasia Advisors, we specialize in top-tier EB-5 projects—including rural offerings with strong job creation buffers and clear exit strategies. Our team understands the intricacies of the program and is dedicated to helping investors make informed, confident decisions.
Start Your EB-5 Process Now
The EB-5 program is thriving under the current legislation, and its structure offers a rare window of security. The “grandfathering” protection built into the law means that filing before September 30, 2027, could secure your U.S. residency even if the program faces political or legislative hurdles later.
But as with any opportunity, time is of the essence. Delaying could mean missing out on current visa availability, the benefits of priority processing, or the ability to lock in your eligibility under today’s rules.
If you’re considering EB-5 as your path to the U.S., now is the time to act. Our experienced team is ready to walk you through every step of the EB-5 process. Let us help you invest with confidence and secure your family’s future in the United States.
Contact us today to explore EB-5 opportunities tailored to your goals and priorities.
