The U.S. State Department (DOS) and U.S. Citizenship and Immigration Services (USCIS) have announced that all available immigrant visas for several key categories (namely EB-3, EB-5 and EB-1), have been exhausted for fiscal year (FY) 2024, which runs from October 1, 2023, to September 30, 2024. Here’s what you need to know about where these visas went and what it means for you:
Visa Categories and Limits
EB-3 Visa Category: This category covers skilled workers, professionals, and unskilled workers (often referred to as "other workers"). It receives 28.6% of the global employment-based visa limit. All EB-3 visas for FY 2024 have been issued.
EW Visa Category: Part of the EB-3 category, the EW visas are specifically for unskilled workers and are capped at 10,000 visas annually. This cap has been reached.
EB-5 Visa Category: This visa allows foreign investors to gain residency by investing in U.S. businesses that create jobs. It receives 7.1% of the worldwide visa limit, with 68% of these visas available for the unreserved category. All EB-5 Unreserved visas for FY 2024 are now gone.
EB-1 Visa Category: This category is for individuals with extraordinary abilities, outstanding professors or researchers, and certain multinational executives or managers. It receives 28.6% of the global employment-based visa limit. It also has exhausted its available visas for FY 2024.
What This Means for Visa Processing
No More Visas Until October 1, 2024: U.S. embassies and consulates will not issue any new EB-3, EW, EB-5 Unreserved, or EB-1 visas until the start of FY 2025 on October 1, 2024.
Adjustment of Status (AOS) Applications: USCIS will not approve AOS applications based on EB-3, EW, EB-1or EB-5 Unreserved petitions until October 1. This applies regardless of the applicant’s priority date.
What Should You Do?
For Current Applicants: Importantly, USCIS should continue to accept AOS applications for the remainder of August and September, as long as your priority date is current according to the Visa Bulletins. If you have an AOS interview scheduled, attend it. If your application is approvable, it will be provisionally approved, but you won’t receive permanent resident status until October 1 at the earliest.
Looking Ahead
With FY 2025 starting on October 1, 2024, the visa limits will reset, and processing will resume. Be ready to act quickly once the new fiscal year begins to avoid delays and manage the surge in applications.
The exhaustion of these visas highlights the challenges with current visa quotas, which have not changed since 1990. Although the impact of this exhaustion will be temporary, be sure to keep updated with the latest information from the DOS and Visa Bulletins and reach out to info@peludimmigration.com if you’d like a personal consultation.
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