Visa Quota Deadline Alert: EB-5 Grandfathering Closes September 30 & Consulate Updates 2026

The U.S. government has resumed immigrant visa processing at its consulates in Hungary and Poland following a broader pause connected to updated evaluation procedures under public charge rules and additional training for consular officers. Applicants with pending cases in these two countries can now expect appointments to proceed, though processing restrictions remain in effect at consulates in several other countries. For applicants in still-affected countries, delays and canceled appointments may continue. The State Department has not announced a universal resumption timeline, and applicants are advised to monitor updates directly from their handling embassy or consulate. The public charge changes represent a significant policy shift in how applicants' financial circumstances are assessed during the visa process. On the EB-5 investor visa front, a critical deadline is approaching: investors who file qualifying EB-5 petitions by September 30, 2026 will receive grandfathering protection under the EB-5 Reform and Integrity Act of 2022. This protection ensures that even if Congress fails to reauthorize the Regional Center Program beyond its current September 2027 expiration, grandfathered investors can continue having their petitions processed. Investors who file between October 1, 2026 and September 30, 2027 may still participate while the program remains active, but they would not receive the same statutory protection against a future lapse in congressional authorization. The September 30, 2026 deadline is therefore not the end of the EB-5 program itself, but a key threshold for securing legal protections against future legislative uncertainty. Although this article primarily covers EB-5 and general immigrant visa processing, EB-3 applicants at consulates in Hungary or Poland should note the resumption of services, and those exploring investor-based pathways should act before the grandfathering cutoff.