Despite recent U.S. immigration policy changes affecting visa issuance, the EB-5 Immigrant Investor Program remains a viable path to permanent residency for nationals of approximately 75 countries.
Legal experts stress that affected nationals can still access the program, provided their applications comply with existing statutory protections under U.S. law.
Under Section 203(b)(5) of the Immigration and Nationality Act and the EB-5 Reform and Integrity Act of 2022, properly filed EB-5 petitions continue to be adjudicated based on the law in effect at the time of filing.
The statute explicitly provides grandfathering protections for petitions submitted on or before September 30, 2026, ensuring review even if future regulatory or programmatic changes occur.
In response to widespread uncertainty, U.S.-licensed attorneys at The American Legal Center have been conducting ongoing webinars and in-person educational briefings throughout the UAE to clarify the legal distinction between administrative visa processing restrictions and statutory eligibility for EB-5.
According to current guidance, nationals of countries subject to additional administrative review may still file EB-5 petitions, proceed through adjudication, and preserve their priority under the law while awaiting updated government implementation guidelines, which are expected pursuant to the governing statute.
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Legal experts also distinguish these administrative measures from separate presidential travel restrictions issued under Section 212(f) of the Immigration and Nationality Act. While travel restrictions may affect visa issuance or entry logistics, they do not preclude the filing or adjudication of immigrant petitions.
In such cases, lawful alternatives may be considered, including adjustment of status where eligible or the acquisition of a secondary nationality to facilitate consular processing.
Educational sessions addressing these issues form part of a broader, recurring series of EB-5 briefings being held throughout the year and leading up to the September filing deadline.
Upcoming EB-5 Program in Dubai
The next session will take place in Dubai on February 8, 2026, at the Conference Hall of the Westin Hotel Mina Seyahi, Dubai Marina, and will focus on the interaction between recent policy measures, EB-5 filing strategy, and statutory protections.
Shai Zamanian, Legal Director at The American Legal Center, said that, “From a legal standpoint, the key is timely filing. The law is clear that properly submitted EB-5 petitions retain their place and protections, regardless of subsequent policy adjustments affecting visa issuance.”
UAE residents interested in learning more about the EB-5 Immigrant Investor Program are invited to attend an upcoming seminar at no cost. However, space is limited, and those wishing to participate are encouraged to register early.
For registration details or to inquire about future educational briefings on the EB-5 program, individuals can contact +971 52 446 6095 or reach out to The American Legal Center in Dubai.
