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EB-5 in 2026: Trends, Insights, and Strategies for the Year Ahead

by Carolyn Lee PLLC Team
Jan 31, 2026

On Wednesday, January 28, Principal Attorney Carolyn Lee, Joel Hankin (Counsel, Carolyn Lee PLLC), and Suzanne Lazicki (Business Writer & Founder, Lucid Professional Writing) reflected on current trends and developments to explore strategies to see and act on the opportunities presented.

  • 00:00:26 EB-5 Experts Suzanne Lazicki & Joel Hankin Introduced
  • 00:04:00 EB-5 Outlook for 2026: Visa Numbers, Backlogs, Retrogression, Approvals & Why Timing Is Critical
  • 00:22:20 Litigation and EB-5 Subparagraph (M) Remedies: Good-Faith Investor Protections Under RIA (2022)
  • 00:47:11 Gold Card: A New Pathway to U.S. Residency and the Need to Codify It Into Statute
  • 00:48:58 Looking Ahead: Upcoming Visa Backlogs, September 2026 Grandfathering Sunset, CPI Investment Threshold Adjustments and EB-5 Regional Center Program Reauthorization in 2027
  • 00:59:06 Q&A: Good-Faith Investor Protections, Visa Wait Time in Rural vs High Unemployment Categories (China, India, Rest of World)
  • 01:03:00 EB54GOOD Campaign: Permanence and Doing Good for Our Communities Through EB-5

EB-5 Visa Numbers 
Explore Suzanne Lazicki’s EB-5 Backlog Simulation Tool here. If you wish to support the development of this tool, consider a donation here.

EB-5 Subparagraph (M) Remedies
When an EB-5 regional center is terminated or a project fails, investors may feel stranded upon receiving the 180-day notice. There is a pathway forward under INA § 203(b)(5)(M). Subparagraph (M) provides that USCIS “shall permit” eligible investors to maintain eligibility even after regional center termination or project failure, so long as they meet program requirements and USCIS determines the investor took no action to participate in the disqualifying conduct of the regional center, NCE, or JCE. Subparagraph (M) protects good-faith investors from being penalized for circumstances beyond their control. Protections include priority date retention and age-out protection. Learn more here and watch the October 2026 session of Investment Immigration Conversations on “Investor Remedies Under Subparagraph (M): A Primer for EB-5 Investors and Project Sponsors.”

EB-5 Advocacy and EB54GOOD Campaign
Last November, on Investment Immigration Conversations, Carolyn explored how the EB-5 program can be a powerful force for doing good for our communities in the U.S. Watch the video for details on winning pro bono CLP services for your EB54GOOD project and send us an email with “EB54GOOD” in the subject line to join the community for EB-5 program permanence. The deadline to submit an EB54GOOD project proposal has been extended to the end of February 2026.

Gold Card
On September 19, 2025, Executive Order 14351 announced the Gold Card, a visa program to “facilitate the entry of aliens who have demonstrated their ability and desire to advance the interests of the United States by voluntarily providing a significant financial gift to the Nation.” Learn how CLP can help clients navigate this new pathway to U.S. residency here and the latest developments here.

For follow-up questions, you are welcome to email Carolyn Lee PLLC at contact@carolynleepllc.com or Suzanne Lazicki at suzanne@lucidtext.com.

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