【ARCFE News】 IIUSA 2026 Event Recap: ARCFE Honored With I-829 Award & Essential EB-5 Updates
- ARCFE U.S.
- 19 hours ago
- 11 min read
Last week, the 2026 IIUSA EB-5 Industry Forum was successfully held in Washington D.C., bringing together leading professionals from across the EB-5 industry. As one of the industry’s premier annual events, the forum welcomed Regional Centers, immigration attorneys, developers, economists, and other EB-5 service providers to exchange insights on emerging market trends, policy developments, and the future direction of the EB-5 program.
Upcoming Topics:
ARCFE honored with the 2025 IIUSA I-829 award
5 key takeaways EB-5 investors should understand in 2026
Investment requirement likely increasing soon
Grandfathering provision
Visa bulletin: data & backlogs
Writ of Mandamus (WOM)
Gold Card
Celebrating Success: ARCFE Honored with the 2025 IIUSA I-829 Award
At this year’s conference, ARCFE was proud to receive the 2025 IIUSA I-829 Award in recognition of the Regional Center’s strong track record of successful I-829 permanent green card approvals for investors throughout 2025.
Lily Guo (Founder & CEO) accepted the award on behalf of ARCFE team
This recognition represents more than an industry achievement - it serves as a meaningful acknowledgement of ARCFE’s continued commitment to high-quality projects, professional execution, and investor-focused service. Above all, it reflects the trust and confidence of our investors, which remain at the core of everything we do.
As the EB-5 industry continues to evolve, ARCFE will remain dedicated to:
Maintaining the highest standards of compliance, transparency, and disciplined project management;
Further strengthening project quality, operational transparency, and investor support services;
Providing attentive guidance throughout every stage of the investment process; and
Continuing to deliver trusted and dependable EB-5 solutions to investors worldwide.
Looking Ahead Together
Every industry recognition is built upon years of dedication, consistency, and the collective efforts of many individuals along the way. This honor is shared not only by the team at ARCFE, but also to every investor and industry colleague who has continuously placed their trust and confidence in us.
As we look into the future, ARCFE remains committed to its core values of professionalism, integrity, and responsible growth. We also welcome the opportunity to connect with more investors and partners as we continue to exchange insights, explore opportunities, and help create clearer and more reliable pathways within the evolving EB-5 landscape.
5 Key Takeaways EB-5 Investors Must Understand in 2026
As a key annual event in the EB-5 industry, the forum brought together professionals to discuss several important topics, including adjustments to investment thresholds, the “grandfathering” provisions and eligibility window, visa bulletin movement and backlog trends, evolving adjudication patterns at USCIS, as well as the emerging “Gold Card” proposal. The discussion also offered a number of important takeaways and forward-looking signals for current and prospective EB-5 applicants.
[1] Required Investment Amount Adjustment: $800,000 Window May Be Closing
Under the EB-5 Reform and Integrity Act of 2022 (RIA), EB-5 minimum investment thresholds are scheduled to be reviewed and adjusted every five years in line with inflation. The first scheduled adjustment is set to take effect on January 1, 2027, signaling a potential shift in the current investment landscape.
This means that the existing minimum investment levels - $800,000 for Target Employment Area (TEA) qualified or infrastructure projects, and $1,050,000 for non-TEA projects - are likely to change in the upcoming program renewal.
Based on the inflation trends over recent years and industry analysis, projections suggest that the TEA threshold could rise to approximately $900,000 - $937,500; while non-TEA threshold may increase to around $1,250,000. Final numbers will ultimately be determined by the official updates issued by the USCIS and the DHS.
Taking this into consideration, many industry professionals view the current $800,000 investment level as a narrowing opportunity window for prospective EB-5 investors.
Investment Threshold Increases Extends Beyond Capital Requirements
An increase in the EB-5 investment threshold involves more than a simple adjustment to the required investment amount. First, higher investment levels generally result in greater complexity in documenting and substantiating the lawful source of funds. This often translates into longer preparation time and increased diligence requirements for applicants. Second, as expectations of future amount adjustments become widely recognized, market behavior often shifts in advance. This can lead to rapidly increasing filing volumes, tighter project capacity, and longer preparation and legal processing timelines as stakeholders respond proactively to anticipated changes. Ultimately, the key consideration is not only whether EB-5 investment amounts will increase in the future, but whether applicants will still have sufficient time and flexibility to complete their preparation and filing under the higher thresholds and a more compressed timeline.
In practice, the EB-5 process cannot be completed as a last-minute decision close to key policy or filing milestones. Each stage, including project selection, source of funds analysis, international funds wires, document preparation, petition filing, requires a coordinated timeline and careful execution. These steps often involve multiple parties and cross-jurisdictional considerations, making early preparation essential. For individuals and families who have already included EB-5 in their long-term planning, beginning the preparation process early is generally recommended to ensure sufficient time for a structured and well-supported application process.
[2] “Grandfathering” Provision: Locking in Current Policy Protection
Another key topic highlighted throughout the event was the “grandfathering” provision under the RIA, which currently applies to petitions filed on or before September 30, 2026. This provision is widely viewed as an important policy protection mechanism, helping eligible applicants preserve access to existing EB-5 rules even as the regulatory landscape continues to evolve.
Understanding the “Grandfathering” Provision: Clarifications for Investors
One of the most frequently misunderstood aspects of the “grandfathering” framework under the RIA is that it does not guarantee approval or serve as an assurance of obtaining a green card. Rather, its primary purpose is to preserve an applicant’s eligibility to be adjudicated under the existing legal framework, even in the event of future policy changes or temporary program disruptions.
In practical terms, investors who file Form I-526E on or before September 30, 2026, are expected to have their petitions continue to be processed under the current EB-5 statutory framework. This protection remains in place even if there are legislative delays, authorization gaps, or fluctuations in program reauthorization. Importantly, eligibility for continued adjudication is maintained, meaning cases are not subject to denial solely due to a lapse or interruption in program authorization.
By contrast, petitions submitted after September 30, 2026, will no longer automatically benefit from this protective framework. As a result, any future policy changes could have a more direct impact on such applications, potentially increasing exposure to regulatory and procedural uncertainty.
Although the regional center program under the current framework remains authorized through September 30, 2027, the absence of grandfathering protection represents a meaningful difference in risk exposure. This distinction is an important consideration for investors when evaluating timing and overall EB-5 strategy.
[3] Visa Bulletin: Data & Backlog Trends
The forum also shared the latest data on EB-5 filings, adjudications, visa issuance, and visa bulletin movement trends.
Based on the information presented at the event, ARCFE has compiled a brief overview of several key trends that stand out as particularly relevant for investors and stakeholders. These insights aim to provide a clearer understanding of the current landscape and emerging direction of the EB-5 program.
[3a] Overall Trend: Number of Applications Under RIA is Still Growing Rapidly
Based on the data presented at the forum, FY2025 reflected continued growth and strong market activity within the post-RIA EB-5 landscape. As the market gains a deeper understanding of the opportunities and structural changes introduced under the RIA, more investors appear to be accelerating their decision-making and filing timelines.
Since the implementation of the RIA, EB-5 filing activity has increased significantly:
More than 14,500 I-526 / I-526E petitions have been filed
Over 4,300 petitions have been approved
In FY2025 alone, approximately 6,600 new filings were submitted, with more than 3,400 approvals issued
According to the figures shared at the conference, these applications represent an estimated $11.6B in EB-5 investment capital and are projected to generate approximately 232,000 jobs in the U.S. as of the end of FY2025 (September 2025).
[3b] China & India Continue to Lead the Post–RIA EB-5 Market
Data shared during the forum, categorized by applicants’ country of birth, continued to highlight the dominant role of China and India within the post-RIA EB-5 market. Among all post-RIA I-526 / I-526E filings, applicants born in China accounted for approximately half of total submissions, reinforcing its position as the largest EB-5 market. India remained the second-largest contributor with 23%, while applicants from other countries and regions collectively accounted for the remaining.
[3c] Rural vs. HUA
One of the most closely discussed topics at the forum centered on evolving adjudication trends and the long-term outlook for visa bulletin movement across different EB-5 set-aside categories.
Since the implementation of the RIA, rural projects have generally been viewed as holding a significant advantage within the market due to set-aside visa allocations and historically faster processing trends. This perception has been supported by both policy direction and recent adjudication patterns.
In March 2026, USCIS updated its EB-5 inventory management approach and indicated that adjudication resources would prioritize rural-category petitions before gradually shifting to other set-aside categories. As a result, a significant volume of investors has continued to gravitate toward rural projects.
Data shared reflected this trend clearly:
Approximately 80% of current set-aside category adjudications and approvals are concentrated in the rural category
HUA projects account for roughly 20%
Filing preferences are also becoming increasingly differentiated, with Chinese and Indian investors showing a stronger preference for rural projects, while applicants from other countries appear more receptive to HUA projects
However, industry experts cautioned that this dynamic also highlighted an important consideration for the future: faster adjudications and higher approval volumes may ultimately lead to more rapid visa consumption within the rural category itself. In other words, the same factors currently driving rural demand could also contribute to earlier retrogression pressure over time.
As a result, several speakers emphasized that the assumption of “rural equals long-term protection from retrogression” may oversimplify a more complex and evolving landscape. Future visa bulletin movement is likely to depend not only on processing speed, but also on how quickly set-aside visa allocations are utilized. This evolving dynamic may become a critical factor for investors to consider when evaluating project selection and long-term EB-5 strategy.
[3d] Once Retrogression Starts, the Impact Could Be Significant
Insights shared during the forum suggested that the likelihood of significant EB-5 retrogression during FY2026 remains relatively low in the near term. However, a recurring theme among industry stakeholders was that once retrogression does eventually happen, cutoff dates could be more substantial than anticipated.
This concern may be especially relevant for applicants from China and India within the rural set-aside category.
Several key factors were highlighted during the discussions:
A growing number of post-RIA petitions filed between 2022 - 2024 are gradually entering adjudication stages
Rural category petitions continue to move through adjudication stage quicker than many other categories, resulting in faster visa utilization within the set-aside allocation system
As approval volumes continue to increase, accumulated demand could begin consuming set-aside category visa numbers at a much faster pace, potentially accelerating future backlog pressure.
Data presented from DOS FY2025 statistics further underscored this trend. Based on consular processing figures alone, approximately 922 set-aside EB-5 visas had already been issued globally. Among them, applicants born in Mainland China received approximately 512 rural category visas.
Importantly, these figures do not include Adjustment of Status (AOS) cases filed within the U.S., meaning actual demand is likely higher than publicly visible issuance data suggests.
These developments emphasized the importance of maintaining realistic expectations regarding future visa bulletin movement and carefully considering potential backlog risks as part of long-term EB-5 planning.
[3e] Legacy EB-5 Backlogs are Gradually Easing, but the Dual-System will Likely Continue
In addition to set-aside category trends, the forum also provided updated insights into movement within the unreserved (pre-RIA) EB-5 category under the FY2026 visa bulletin.
Applicants born in retrogressed countries like China and India saw the Final Action Date (Chart A) advancing rapidly, reflecting continued progress in the adjudication and visa issuance of legacy EB-5 cases. This movement suggests that longstanding backlog pressure within the pre-RIA system is gradually easing as older cases continue to be processed.
At the same time, speakers also emphasized that the EB-5 market remains in a transitional phase, with both the legacy and post-RIA systems expected to co-exist for the foreseeable future.
As the pre-RIA backlogs continue to move forward while post-RIA set-aside category filings increase, the interaction between these two systems is expected to remain an important factor influencing future visa availability, processing trends, and overall market dynamics.
*A Quick Note to Investors:
As EB-5 filing volumes continue to rise, category-specific demand patterns evolve, and potential visa bulletin pressures shift over time, one conclusion becomes increasingly clear: EB-5 decisions can no longer be made based solely on short-term market trends or simplified labels.
For investors, key consideration is not simply whether a category is currently “popular”, but whether the chosen path aligns with their personal timeline, financial planning, and long-term immigration and life goals in a structured and thoughtful way.
ARCFE will continue to closely track policy developments and market dynamics. Drawing on both data insights and on-the-ground project experience, we remain committed to providing transparent and long-term oriented insights to support informed EB-5 decision-making.
[4] Writ of Mandamus (WOM): A Tool that Requires Careful Consideration
Another key topic discussed was the growing focus on USCIS adjudication timelines and related litigation strategies, reflecting how processing delays and legal remedies have become more relevant considerations in today’s EB-5 environment.
WOM is not a universal or guaranteed approval solution. Its function is limited to compelling a government agency to take action or issue a decision; it does not influence or guarantee the outcome of the underlying EB-5 petition.
At the same time, the practical use of WOM appears to be subject to increasing scrutiny. Courts typically evaluate each case based on multiple factors, including the length of the delay, the reasonableness of processing time, agency workload considerations, and the complexity of the individual petition. As such, not every pending EB-5 case is a suitable candidate for this type of legal action.
It is also important to recognize that WOM filings may accelerate a case into more active review. If key elements of a petition, such as project documentation, source of funds, or derivative beneficiary considerations, are not fully prepared or well-supported, this accelerated review may increase the likelihood of receiving a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
For these reasons, WOM should be viewed as a highly case-specific legal remedy rather than a standard strategy. Any decision to pursue it should be made after a comprehensive review of the project status, case timeline, family-based considerations (such as child’s age), source of funds, and overall immigration objectives, and in close consultation with qualified immigration and litigation counsels.
[5] Gold Card: Slow Development and Limited Market Adoption
[5a] The Gold Card Structured As a Gift, Not an Investment
Based on publicly released information from the White House, the “Gold Card” concept is structured as a gift or financial contribution rather than an investment model linked to job creation, as seen in the EB-5 program. Reported thresholds include approximately $1M for individuals and $2M for corporate sponsorships. This structure is therefore closer to a gift rather than a capital-at-risk investment.
[5b] Source of Funds Review Remains a Core Requirement
USCIS has published Form I-140G and accompanying guidance, indicating that applicants are still subject to full eligibility review, including detailed source of funds verification. In practice, applicants must continue to demonstrate that funds are lawful, properly documented, and fully traceable, with compliance remaining a core requirement.
[5c] Tax Exemption Claims Should Be Interpreted Cautiously
Any potential tax exemption under such a program would require legislative action from Congress and cannot be established through executive authority alone. As a result, claims of tax exemption should be viewed cautiously. Under existing U.S. tax laws, individuals may still be treated as tax residents and may be required to report worldwide income and disclose foreign assets accordingly.
Final Thoughts
As we look ahead, the key question for EB-5 investors is no longer simply whether to proceed, but whether informed decisions can still be made within an increasingly narrowing window.
Adjustments to the minimum investment threshold are approaching, and the “grandfathering” provision period is also gradually closing. Meanwhile, the evolving dynamics between rural and HUA categories make it increasingly difficult to rely on past assumptions that one category will always have an immigration advantage for each individual investor. In this environment, applying outdated frameworks to a rapidly shifting system may lead to misjudgments in timing and strategy.
For families focused on long-term immigration planning, the priority now is to move beyond short-term sentimental-driven decisions and instead conduct structured, individualized assessments grounded in regulations, data, and personal circumstances - aligning each step with a clear and sustainable strategy.
ARCFE will continue to closely monitor policy developments and market trends, and leverage its project experience to provide more stable, transparent, and long-term perspectives to support thoughtful EB-5 decision-making.
Award-Winning Regional Center with 100% Repayment Rate
ARCFE brings deep expertise and a proven track record in EB-5 and real estate investment. As a USCIS-designated EB-5 Regional Center with over a decade of experience, ARCFE has successfully raised more than $211M in EB-5 capital across 19 projects, achieving a 100% project approval rate and full repayment of EB-5 funds. This experience reflects not only strong project management and risk oversight, but also a long-standing commitment to delivering stable and reliable investment outcomes. As a subsidiary of iCross Capital, a trusted private lender in the Tri-State area, ARCFE benefits from extensive real estate financing experience, including more than 60 completed residential and mixed-use developments, further reinforcing its position as a leading EB-5 partner for families seeking long-term U.S. residency.
