Brazilians seeking to obtain a US Green Card through the EB-5 Immigrant Investor Visa Program have until September 30, 2026, to file Form I-526E and ensure their applications are reviewed under the program’s current regulations. This protection is guaranteed by the grandfathering clause established under the EB-5 Reform and Integrity Act of 2022 (RIA).
Marcelo Gorenstein, Senior Director, Latin America at LCR Capital Partners, highlighted the importance of timing for investors considering the program. According to him, investors who file their petitions before the deadline will have their applications reviewed under the rules currently in effect, even if the program undergoes changes in the future. He also emphasized that the grandfathering clause was created to provide greater security and predictability for investors during periods of potential regulatory change.