A provision in the EB-5 Reform and Integrity Act of 2022 requires the Department of Homeland Security to adjust immigrant-investor minimums for inflation beginning January 1, 2027. The change will apply to petitions filed on or after that date, including those by Indian investors.
The existing minimums are $800,000 for projects in targeted employment areas and infrastructure, and $1,050,000 for other projects. They remain in place through December 31, 2026.
Estimates put the next minimum at $900,000 to $937,500 for qualifying projects and $1.2 million to $1.25 million for other investments. That would mean at least $100,000 more for the lower tier and $150,000 or more for standard projects.
Those figures are projections, not announced amounts. U.S. Citizenship and Immigration Services has not published the adjustment, and the final figures could fall outside the estimates.
The formula sets the adjustment, but not the final estimates
The law ties the increase to cumulative changes in the Consumer Price Index for all Urban Consumers. The calculation starts from January 1, 2022, and applies to each five-year adjustment cycle.
The standard minimum must be rounded down to the nearest $50,000. The qualifying-area and infrastructure minimum is set at 75% of the standard amount.
The law directs the Homeland Security secretary to publish the revised figures through a technical amendment in the Federal Register. If that notice is delayed, the official amounts could remain unknown for weeks or months. The estimates do not determine the final calculation.
JTC estimates the qualifying-project minimum at about $900,000 and the standard amount at about $1.2 million. EB5AN says the lower tier could reach $937,500, while American Lending Center says some industry participants expect it could reach $950,000. EB5AN estimates the increase could add $100,000 to $137,500 to qualifying investments.
The September filing cutoff and the program’s sunset are separate risks
The last date to file Form I-526E and receive statutory protection from a possible regional-center program lapse was September 30, 2026. That cutoff has passed. It did not end the program: the Regional Center Program remains authorized through September 30, 2027, and applicants can still file petitions for regional-center investments.
But applications filed after the grandfathering cutoff are not guaranteed adjudication if the program sunsets and is discontinued after its authorization ends. That uncertainty is distinct from the investment increase. Reauthorization by Congress would remove the lapse risk.
American Lending Center has identified the next legislative session in November 2026 as a possible opportunity for Congress to extend grandfathering protections or reauthorize the program. Industry participants are advocating in Washington, DC for an extension.
Set-aside visas and a separate proposal create other choices
The law reserves 20% of annual EB-5 visas for rural projects, 10% for high-unemployment areas and 2% for infrastructure projects. USCIS must prioritize rural petitions in processing. Those allocations remain available under the current qualifying-project minimum through year-end 2026.
A separate proposed rule could add another investment category. DHS and USCIS published it on July 2, 2026, and the comment period closed August 31, 2026. The proposal would establish a high employment area category with a $1,400,000 minimum and its own automatic inflation adjustments.
That proposal has not been finalized. If adopted, it would create a third tier, generally applying prospectively to filings after its effective date, with several exceptions. The rulemaking could take a year, possibly less or longer, according to American Lending Center.
Documenting funds and choosing a project still take time
Applicants must show that their investment funds came from lawful sources and document how the money moved. Records can include tax returns, bank statements, business income details and documents from property sales. Investors holding assets across several countries may need more time to assemble and verify records.
Civitas Capital says tracing the source and path of funds is often the longest part of preparation, particularly when money comes from a business sale, property, inheritance or gifts. EB5AN managing partner Sam Silverman said the regional-center program remains open for investment, but applicants have limited time before the scheduled adjustment.
“It's important for new EB-5 applicants to understand that the EB-5 Regional Center Program is still open for investment. EB-5 investors have only a few months left to file their I-526E petitions before January 1, 2027”
EB5AN managing partner Mike Schoenfeld cautioned against rushing a petition. He said applicants who begin working with lawyers early, map their funds and research projects are more likely to receive timely approval. JTC and American Lending Center likewise urged investors to assess projects carefully rather than let a possible increase dictate a filing decision.
The thresholds have changed before. Congress set a $1 million minimum in 1990 and a reduced $500,000 amount for qualifying areas in 1991. DHS raised those levels in 2019 to $1.8 million and $900,000, respectively, but a federal court vacated that rule. Congress later set the current $1,050,000 and $800,000 minimums; the 2019 rule had added $400,000 to the qualifying-area amount, and the later law increased the earlier minimum by $300,000.
The projected investment figures are not the only issue for applicants weighing a filing. Project risks, legal fees, other charges and the terms for returning capital also warrant review.
