The US Department of State has confirmed that all available visas for several key employment-based categories, including EB-1, EB-2, EB-3, and EB-5, have been fully issued for fiscal year 2024.
This means no further visas will be processed in these categories until the new fiscal year begins on October 1, 2024.
Employment-Based Green Card Quota Update
EB-1 Visas
The EB-1 visa category has become unavailable for the remainder of the fiscal year, and US embassies and consulates cannot issue any more EB-1 immigrant visas until October 1, 2024.
EB-2 Visas
The US Department of State announced that all EB-2 visas for fiscal year 2024 have been issued, meaning no more EB-2 visas will be issued until the new fiscal year starts on October 1, 2024.
EB-3 & EB-5 Visas
The State Department also recently announced that all EB-3 and EB-5 (unreserved) visas for FY 2024 have been issued.
Implications of EB Visa Availability
The visa limits will reset for the FY 2025, from October 1, 2024, allowing USCIS to resume processing adjustment of status applications and issuing visas under these categories.
The employment-based immigrant visa caps, which are determined annually by the Immigration and Nationality Act (INA), impact thousands of applicants including foreign workers with advanced degrees, exceptional abilities, and specialized skills. As employers and applicants await the reset of visa limits in FY 2025, many are left in a temporary pause, with visa processing delayed across multiple categories.
USCIS will continue to accept adjustment filings for cases that remain current, but approvals will be delayed until visas are available next FY. Foreign nationals with scheduled adjustment interviews should attend, though their case approval may be delayed until a visa number is available. Where possible and relevant, employers and applicants should use the time up to the new fiscal year to prepare for when the programs are set to reopen.
Need Assistance?
For specialist guidance on any US immigration application, or for advice on the impact of these processing delays, contact our immigration attorneys.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
