EB-1, EB-2 & EB-3 Visa Categories Unavailable After Hitting FY 2025 Annual Cap

The U.S. Department of State announced that the EB-1, EB-2, and EB-3 employment-based immigrant visa preference categories have been rendered unavailable for the remainder of Fiscal Year 2025 after reaching their respective annual numerical limits. This development affects applicants across all skill levels, from priority workers and advanced degree professionals to skilled and unskilled workers in the EB-3 category. When visa numbers are exhausted mid-fiscal year, the State Department retrogresses or cuts off the applicable preference categories in the Visa Bulletin. Consulates and USCIS are unable to complete immigrant visa or adjustment of status cases for affected categories until new numbers become available at the start of the next fiscal year on October 1. For EB-3 applicants specifically, this means that pending adjustment of status cases or consular immigrant visa appointments may be delayed if a visa number has not already been used. Applicants who had an interview scheduled or whose case was pending final adjudication should consult with their immigration attorney regarding next steps and expected timelines. This situation is particularly impactful for applicants from high-demand countries such as India, China, Mexico, and the Philippines, where backlogs are already significantly longer than for other countries of birth. The annual cap exhaustion further extends wait times for individuals already facing multi-year queues. Applicants are advised to monitor the monthly Visa Bulletin closely as the new fiscal year approaches and to work with legal counsel to ensure all documentation is current and ready for immediate adjudication once October 2025 numbers become available.