EB-5 Grandfathering Deadline and CSPA Age-Out: A 2-for-1 Update

U.S. immigration officials have set two timelines that now drive decision-making for EB-5 families: a firm EB-5 grandfathering deadline of September 30, 2026 and a stricter Child Status Protection Act (CSPA) policy effective August 15, 2025 that makes it harder for children to keep dependent status. Together, these changes directly affect who should file, when to file, and how families plan for their children nearing age 21. Immigration lawyers say the stakes are clear: investors who submit I-526E petitions before the grandfathering date will remain protected if Congress lets the Regional Center Program lapse after its current authorization ends on September 30, 2027, while families now face tighter age-out rules that reduce protection time for older teens. According to analysis by VisaVerge.com, the combined deadlines are pushing many EB-5 investors to accelerate filings and review strategies for their children without delay.

The EB-5 Reform and Integrity Act of 2022 (RIA) set the rules now in force. It reauthorized and overhauled the Regional Center Program and introduced the grandfathering clause that shields qualifying petitions if the program later stalls. In plain terms, if you file your EB-5 case on or before September 30, 2026, your case keeps moving even if Congress does not extend the program beyond September 30, 2027. That protection does not cover filings after the 2026 cutoff. It also means investors who miss the date could face pauses or denials if a lapse occurs, or if rules change in ways that make their plans no longer workable.

USCIS is also tightening CSPA policy. From August 15, 2025, the agency switched back to the Final Action Dates chart to judge visa availability for CSPA age calculations, replacing the more generous Dates for Filing approach it used from mid-February 2023 through August 14, 2025. This shift often moves the age “lock-in” point later, reducing the window for children to remain eligible as derivatives on a parent’s case. Applications filed while the earlier policy was in effect keep that advantage, but new filings after August 15, 2025, face stricter treatment that will place more teenagers at risk of aging out.

Industry lawyers say these two timelines—September 30, 2026, for EB-5 grandfathering and August 15, 2025, for the CSPA policy shift—now shape nearly every EB-5 family’s checklist. Some investors with high-school- or college-age children are working to move faster on I-526E petitions and, where timing allows, accelerate adjustment or consular steps to protect a child before age-out risk grows.

Policy Changes Overview

The contours of EB-5 grandfathering are simple but powerful. The law draws a bright line at September 30, 2026. Investors who submit I-526E petitions on or before that date gain “grandfathered” status, which means USCIS will continue to process and make decisions on their cases even if the Regional Center Program stalls after its current authorization through September 30, 2027. This safety net reflects lessons from past lapses that left investors and projects in limbo. By ending the grandfathering window a year before the program’s current expiration, Congress aimed to give USCIS time to work through cases under the existing framework if a lapse occurs after 2027.

For filers after September 30, 2026, there is no such shield. If Congress lets the program lapse in late 2027 and you filed after the 2026 date, your petition might face suspension or denial, with possible loss of place in line and fresh costs to start again if the rules later change. That is why many attorneys advise filing well before the deadline. They also note that USCIS plans a Notice of Proposed Rulemaking (NPRM) in November 2025 to update EB-5 regulations, which will come with a public comment period and eventual final rule. Proposed rules could refine definitions, compliance standards, or processing mechanics. While details will take time, the regulatory calendar gives another reason to finalize submissions earlier rather than later.

Federal courts have weighed in on related pieces as well. In August 2025, the U.S. District Court for the District of Columbia upheld USCIS sustainment period guidance linked to EB-5 grandfathering, reinforcing the legal footing of the RIA’s protection scheme. The decision boosted confidence that investors who meet the grandfathering cutoff will keep the benefit as the agency works through their cases.

On the family side, USCIS’s August 15, 2025 policy change under the CSPA has a very different effect. From February 14, 2023, to August 14, 2025, USCIS used the Dates for Filing chart to decide if a visa was “available” for the purpose of freezing a child’s age. That approach allowed more children to lock their age earlier. Starting August 15, 2025, USCIS reverted to the Final Action Dates chart, which typically lags behind and therefore postpones the moment when a child’s age can freeze. This can push teenagers past the age 21 limit before the protection kicks in, leaving them outside the parent’s case. USCIS says the change restores consistency with the Department of State’s long-standing practice. But the practical effect is clear: fewer children will qualify as derivatives when filing under the new policy than under the previous one.

Some families are partly insulated. Applications and adjustment filings submitted between February 14, 2023, and August 14, 2025, keep the more favorable treatment. For everyone else, the shift means more careful timing around the Visa Bulletin, case movement, and the intervals between petition, visa availability, and final steps. Attorneys now warn families who have teens nearing 21 that waiting may carry higher risk than before.

While the RIA’s grandfathering rule primarily protects I-526E petitions, the CSPA shift hits at the later stages—when families try to adjust status inside the United States 🇺🇸 or complete consular processing abroad. Parents may have a grandfathered EB-5 case and still lose derivative coverage for a child if the Final Action Date does not become current early enough and the CSPA formula, which subtracts the petition’s pending time, does not offset the child’s actual age past 21.

The program remains politically visible. In early 2025, former President Trump floated a “Gold Card” idea as an alternative attraction for investors, while the current program continued to run. Under President Biden, USCIS has focused on rulemaking and policy alignment across employment-based categories, including the CSPA recalibration. Investors should watch House and Senate moves through 2026–2027 for signs of reauthorization or changes to the Regional Center framework. For now, the statutory text remains in place, and the grandfathering date stands as the controlling point for new I-526E petitions.

Impact on Applicants and Industry

For individual investors, the main operational message is straightforward: file by September 30, 2026 to secure EB-5 grandfathering and reduce exposure to future lapses. For families with teenagers, the CSPA change raises new timing puzzles and greater urgency around each step of the case. These are the practical effects now seen across the market:

• Filing after September 30, 2026, is a gamble. Without grandfathering, a 2027 lapse could freeze or sink a case. Even if Congress later revives the program, new terms could be tougher or force refiling. Investors who file before the deadline stand on much firmer ground.
• A stricter CSPA policy means children near 21 may fall out more often, especially in backlogged countries or visa categories where Final Action Dates move slowly. Where the earlier policy let some teens lock age earlier, the new rule often delays that lock-in until later, narrowing the margin.
• The “pending time” deduction under CSPA still helps, but it cannot rescue every case. If a petition sat pending long enough, that time subtracts from the child’s age for green card purposes. But if Final Action Dates remain late and the child’s birthday arrives, protection may still run out.
• Families should map out a case timeline with precision: when to file the I-526E petition, when capital is deployed, how long the petition may remain pending, what the Visa Bulletin shows for the applicable category and country, and when to pursue adjustment or consular steps. Small calendar shifts can have big effects under the new CSPA approach.

Law firms report a rise in investors trying to file early to lock in EB-5 grandfathering while also accelerating downstream steps to help children. This includes double-checking source-of-funds work well in advance. Many lawyers recommend building at least six to eight weeks for documentation and bank histories, especially across multiple jurisdictions. Families also coordinate with regional centers to confirm project compliance and offering doc updates, because delays at the front end can ripple into age-out risk at the back end.

The Regional Center Program itself remains authorized through September 30, 2027, and business planning continues in that light. But the not-so-subtle message of the RIA’s structure is that the safer harbor closes a year earlier. Grandfathering ends at the filing stage, not at the adjudication or visa issuance stage. That is why “file early” has become a frequent refrain across the industry. Some project sponsors have adjusted offering timelines with that in mind, spreading investor admissions over calendar quarters in 2025 and the first half of 2026 to avoid last-minute rushes and document bottlenecks.

USCIS’s planned NPRM in November 2025 adds another layer. Proposed rules could touch topics such as regional center oversight, sustainment periods, job creation counting, or integrity measures introduced by the RIA. While the agency will take comment and finalize rules later, uncertainty around those details often encourages earlier petitions. Investors who file before a new rule takes effect typically have their cases judged under the rules that were in place at the time of filing—another reason legal teams urge clients not to cut it close to the 2026 deadline.

There are also concrete steps EB-5 families can take now:

• Start source-of-funds work early. If bank archives, tax certificates, or transaction records will take weeks to gather, begin now. Weak documentation can delay the I-526E petition and push filing too close to the September 30, 2026 line.
• Track the Department of State Visa Bulletin each month. Under the stricter CSPA approach, the Final Action Dates matter far more than before. A few months of movement can decide whether a child locks in or ages out.
• If a child is within months of turning 21, discuss whether adjustment of status is possible and advisable now, or whether consular processing on a tight schedule makes more sense. The earlier policy window closed on August 14, 2025, but families can still plan around the Final Action chart with careful timing.
• Align project timelines. If the project’s deployment or job-creation schedule is unclear, ask detailed questions. While grandfathering covers petition processing in a lapse, program integrity requirements and job creation still matter for ultimate green card outcomes.
• Consult an EB-5 attorney with specific CSPA experience. EB-5 rules intersect with the Visa Bulletin and CSPA calculations in ways that create hidden traps. A tailored filing plan can sometimes preserve a child’s eligibility even when the raw dates look tight.

For employers and regional centers, the policy mix affects investor interest cycles. Marketing may spike ahead of the September 30, 2026 deadline, with families more eager to make decisions before the window closes. But messaging must remain precise and compliant. Overpromising on age protection or timeline certainty creates legal exposure. The sharper CSPA policy means regional centers should avoid blanket statements about derivative eligibility and instead encourage families to seek individualized legal reviews.

The court ruling upholding sustainment guidance also carries weight for capital planning. It supports USCIS’s approach to how long funds must remain at risk and how sustainment interacts with the RIA’s grandfathering framework. That guidance influences fund structures, redeployment strategies, and exit planning. Again, while the ruling does not change the grandfathering date, it gives operators clearer lines to follow while the NPRM process unfolds.

Legal and policy voices across the field have also highlighted the human side. Parents call attorneys weeks before a child’s 21st birthday, hoping for a last-minute fix. Under the earlier policy window, some could file under the Dates for Filing chart and freeze age in time. Now, with Final Action Dates controlling, lawyers often must deliver tougher news: unless the chart advances quickly enough, the child may need a separate path, such as a student or work-based route, and later an independent green card filing. That means extra fees and time apart if the parent proceeds alone on EB-5.

Real-world scenarios show how the two deadlines play off each other:

• A family files the I-526E petition in early 2026. They secure EB-5 grandfathering. By late 2027, if the program lapses, the case still moves. But their 20-year-old child may not lock age if the Final Action Date for their category remains retrogressed. The family keeps EB-5 protection as investors, but the derivative may age out unless CSPA math and chart movement align in time.
• Another family delays investments until late 2026, racing to file before the cutoff. A missing bank certificate pushes the filing to early October 2026, missing the grandfathering window by days. If the program later lapses, their petition could stall with no safety net, even though their child would have been protected on age had they filed two weeks earlier. The lesson is unforgiving: small delays can create outsized consequences.

Government officials have framed the CSPA adjustment as a move toward consistent, predictable administration. By sticking to Final Action Dates, USCIS aligns with State Department practice and avoids mismatches between agencies. For families, though, “predictable” can be cold comfort when their teenager’s birthday looms. That is why lawyers emphasize early, document-ready filings and steady month-by-month tracking of the Visa Bulletin. They also underscore that CSPA protection is not automatic; the child must seek to acquire permanent residence within a set period after visa availability to lock the benefit, a detail that can trip up families who assume the law works on autopilot.

As the Regional Center Program heads toward the 2026–2027 horizon, Congress will decide whether to extend or alter it. Until then, the EB-5 grandfathering rule, the I-526E petitions timeline, and the tightened CSPA policy are set. Investors have agency today: organize documents, choose a compliant project, file well ahead of the 2026 deadline, and plan children’s steps with the Final Action chart in view. The cost of delay is higher now than it was a year ago.

Attorneys also spotlight a few common pitfalls:

• Assuming a pending I-526E petition alone protects a child. It does not. CSPA calculations and visa chart timing still govern derivative age status.
• Relying on informal charts or social media summaries of the Visa Bulletin. Families should consult the official chart each month and seek advice before making timing moves.
• Forgetting that policy exceptions attach to the filing date of certain applications. Cases filed between February 14, 2023, and August 14, 2025, keep the earlier CSPA benefit. New filings after August 15, 2025, do not.
• Waiting for the NPRM before filing. Proposed rules may not settle for months, and final rules may differ. The farther an investor gets from September 30, 2026, the greater the risk of last-minute issues.

Regional centers, for their part, are recalibrating investor communications, compliance, and pipeline planning to handle a surge before September 2026. Some are adding extra staff to speed source-of-funds reviews. Others are adjusting intake schedules to prevent bottlenecks at quarter-end. All face the same overarching goal: get qualified investors across the filing finish line in time, with clean records that withstand RIA integrity checks and set cases up for success.

The broader political climate can shift quickly, but the current framework has clear lines that families can act on today. The D.C. District Court has buttressed USCIS’s sustainment stance. USCIS has lined up rulemaking that could tighten parts of the program but will move through a measured, public process. Congress wrote a one-year buffer between the grandfathering cutoff and the program’s current end date, reflecting a desire to protect timely filers. And USCIS, by recalibrating CSPA, has chosen uniformity over flexibility in age calculations, which inevitably puts more pressure on deadlines for older teens.

In the months ahead, look for three signals:

• The content of the November 2025 NPRM. Watch how USCIS addresses integrity measures, sustainment, and oversight. Industry groups will submit comments, and changes could affect business models more than investor filing strategy.
• Movement in Final Action Dates for EB-5 categories. If charts advance, more families may rescue derivative children under CSPA despite the stricter policy. If they stagnate, expect more age-outs and more families pursuing separate tracks for older children.
• Any early signs from Congress about post-2027 reauthorization. Even hints of bipartisan talks can ease investor nerves, while silence can spur more pre-2026 filings.

For now, the main playbook holds: file early, document thoroughly, and plan children’s timing with care. Investors who meet the September 30, 2026 deadline for EB-5 grandfathering anchor their position regardless of the Regional Center Program outlook after September 30, 2027. Families who engage with the CSPA rules now—accepting the Final Action chart as the gatekeeper—can at least avoid preventable age-out surprises.

Readers seeking to file should review the USCIS instructions and forms carefully. The petition central to this discussion is Form I-526E (Immigrant Petition by Regional Center Investor). Filing that petition on or before September 30, 2026, is the key act that secures protection under the RIA’s grandfathering clause. From there, families can map the rest of their case against the Visa Bulletin, sustainment rules, and any updates that emerge from the 2025–2026 rulemaking process.

In a field where long timelines meet family milestones, these two dates—August 15, 2025, for the CSPA policy shift and September 30, 2026, for EB-5 petition grandfathering—now define the rhythm. They dictate whether teenagers stay on a parent’s green card case and whether an investor’s petition pushes forward even if Congress turns off the lights for a time. With calendars marked and documents in order, EB-5 families can still move with purpose and keep control over what matters most: keeping their cases alive and, where possible, keeping their families on the same path.