EB-1, EB-2 and EB-3 Immigrant Visa Categories Unavailable After Reaching Annual Limit for FY 2025

The Department of State has confirmed that the annual limit for the EB-1, EB-2 and EB-3 immigrant visa categories has been reached for FY2025. Accordingly, no immigrant visas or green cards will be issued for the remainder of the fiscal year, which ends on September 30, 2025. However, in prior years USCIS has continued to accept EB-1, EB-2 and EB-3 Adjustment of Status applications which are listed as current in the visa bulletin for September. Although Adjustment of Status filings based on the EB-1, EB-2 or EB-3 categories may continue to be accepted by USCIS, these filings cannot be approved until a visa number becomes available.

WHAT SHOULD EMPLOYERS AND FOREIGN NATIONALS EXPECT?  

In prior years, USCIS has continued to accept Adjustment of Status applications for filings that are current in the Visa Bulletin irrespective of the announcement confirming the usage of all available immigrant visas. However, given the current immigration landscape, the more conversative approach may be to wait until the commencement of the new fiscal year to proceed with eligible Adjustment of Status filings. However, case specific facts and deadlines pertaining to individual cases, in conjunction with an analysis of the October Visa Bulletin may warrant proceeding with the Adjustment of Status application in September. In considering filing an Adjustment of Status application for one of the employment-based categories noted above in September, close collaboration and guidance with Gibney legal counsel is recommended.

For pending Adjustment of Status filings already submitted, if the underlying category is unavailable, the application will not be decided on until a visa number becomes available. Foreign nationals are also advised to attend any scheduled Adjustment of Status interviews though the interview may ultimately be rescheduled and cannot result in an approval until visa numbers are available. The new fiscal year commences on October 1, at which time, the green card allocation will reset for all employment-based categories.

For additional information, please contact your designated Gibney representative or email info@gibney.com.