The EB-5 Reform and Integrity Act of 2022 (“RIA”) introduced several important changes to the EB-5 Regional Center Program. One of the most important protections for investors is commonly referred to as the “grandfathering” provision found in Section 108 of the RIA, titled “Protection from Expired Legislation.”
Since its creation in 1993, the EB-5 Regional Center Program has always been a pilot, or “test”, program. Historically, it has required periodic reauthorization by the United States Congress. In the past, temporary lapses in authorization created uncertainty for investors with pending I-526E, Immigrant Petition by Regional Center Investor petitions. Many investors were at risk that USCIS would stop processing their cases if the Regional Center Program expired before petition approval or visa issuance.
To address these concerns, Congress included additional protections in the RIA intended to help investors continue moving forward with their immigration process even if the Regional Center Program expires again. Ironically, making the Regional Center Program permanent would alleviate the need for a grandfathering clause. Why is the Regional Center Program still a test program after more than 30 years is beyond this author’s logic.
Section 108 of the RIA amended Section 203(b)(5) of the Immigration and Nationality Act (“INA”) and states that, notwithstanding the expiration of legislation authorizing the Regional Center Program, the Secretary of Homeland Security:
“Shall continue processing petitions under sections 204(a)(1)(H) and 216A based on an investment in a new commercial enterprise associated with a regional center that were filed on or before September 30, 2026”
The law further provides that USCIS:
- May not deny qualifying petitions solely because the Regional Center Program authorization expired; and.
- May not suspend or terminate visa allocation for beneficiaries of approved qualifying petitions.
In practical terms, this generally means that investors who properly file qualifying I-526E petitions on or before September 30, 2026 may continue receiving adjudication and visa processing protections even if Congress later fails to renew the Regional Center Program.
However, investors should understand that these protections do not guarantee approval of an I-526E petition or eventual visa approval. Investors must still satisfy all standard EB-5 requirements, including proving lawful source of funds for their investment, project eligibility requirements, immigrant visa availability rules, and other immigration visa eligibility criteria. In addition, future USCIS policy guidance or federal court decisions may continue to affect how these provisions are interpreted.
Nevertheless, many immigration attorneys and EB-5 industry professionals consider the RIA grandfathering protections to be one of the more important investor protections ever added to the Regional Center Program. By reducing uncertainty related to future program expiration issues, Congress appears to have intended to create a more stable and predictable environment for long-term EB-5 investment planning.
If you have questions and are interested in obtaining U.S. lawful permanent residence and green cards for you and your family via an EB-5 investment, contact us at info@enterlinepartners.com.
Enterline and Partners Managing Director / Enterline Immigration Consultants President David Enterline has more than 15 years specializing in the EB-5 visa process.
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Copyright 2026. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
