3 Updates in the EB-5 Program: Visa Backlog Status, Legislative Efforts, and Industry Outlook

The EB-5 visa program has seen several important developments in recent days, influencing both applicants and industry practitioners. These changes are centered on the current visa backlog situation, the efforts to preserve the industry, and new legislative prospects for the future of the program. Here’s a breakdown of the latest news:

1. Table B Remains Open in February: Limited Impact for Applicants

In the latest update from U.S. Citizenship and Immigration Services (USCIS), there has been no change to the EB-5 visa backlog for the month of February 2026. Table B, which refers to the “Dates for Filing” chart in the U.S. Department of State’s Visa Bulletin, will remain open. This is significant as it allows applicants in both family-sponsored and employment-based preference categories to process status adjustment applications for the time being.

However, the importance of this Table B opening is limited. The gap between Table A (final action dates) and Table B (dates for filing) is now only one week. This minor discrepancy means that only a small group of applicants will benefit from this window. Furthermore, the likelihood of Table B remaining open in March is low, and even if it does open, the chances of a meaningful forward movement in the dates are slim.

2. Industry Preservation Through Congressional Lobbying Efforts

The EB-5 industry has been significantly influenced by ongoing lobbying efforts that aim to protect and sustain the program. In 2025, an influential lobbying effort was launched to ensure the continuation of the EB-5 Regional Center Program. Through the dedicated efforts of advocacy groups, the industry was able to avert the risk of elimination, despite the challenges posed by competing policies.

These lobbying activities, including financial contributions from industry members, were crucial in maintaining the focus on the EB-5 program’s importance. The results have been marked by substantial progress, including the preservation of the program amid legislative challenges. Industry stakeholders now have a sense of stability, knowing that the program remains intact and is not at immediate risk of being eliminated.

3. Legislative Outlook: EB-5 Extension on the Horizon

A critical issue for the EB-5 community is the impending expiration of the EB-5 Regional Center Program’s “grandfather clause” on September 30, 2026. The grandfather clause allows projects that are already in the process to continue even if the program expires. While there was initially little hope that Congress would extend the program in 2026, recent developments suggest a shift in momentum.

There are now indications that efforts are underway to advance an extension of the EB-5 program before the expiration of the grandfather clause. Preliminary plans suggest a potential 5-year extension for the program, which would provide additional time for ongoing and future projects. The key push for this extension is currently centered on including the EB-5 clause in the 2026 fiscal year’s budget bill. This will be a pivotal moment for the program, as the window for action is closing soon, with a temporary budget bill expiring at the end of January 2026.

This potential legislative extension is crucial for the future of EB-5 investments. If successful, it will allow the program to continue to offer opportunities to investors and provide the legal framework necessary for long-term success. The next few weeks are expected to bring more clarity on the outcome of these efforts.

Looking Ahead

As the EB-5 program faces key decisions regarding visa backlog adjustments and legislative changes, industry participants are closely watching developments. The coming months will be critical as lawmakers continue to address the future of the EB-5 program, and new trends begin to take shape. Stakeholders are advised to stay informed on updates regarding both the visa backlog and any potential legislative changes that could affect the program’s future.

Stay tuned for more updates and analyses as these significant developments unfold.