Overview
The U.S. Department of State has announced that the annual limits for the EB-3 and EB-5 Unreserved immigrant visa categories have been reached for the fiscal year (FY) 2024. As a result, these visa categories are now unavailable and will remain so until the new fiscal year begins on October 1, 2024. This has significant implications for foreign nationals and employers who are currently navigating the U.S. immigration process.
Immediate Impact:
The unavailability of the EB-3 and EB-5 Unreserved categories means that U.S. Citizenship and Immigration Services (USCIS) cannot approve any pending adjustment of status applications in these categories, nor can U.S. embassies and consulates issue immigrant visas until the beginning of FY 2025. Despite this, USCIS will continue to accept adjustment of status filings that are current in the August and September Visa Bulletins, but these cases will be held in limbo until visa numbers become available.
Looking Ahead to FY 2025:
The annual immigrant visa limits will reset on October 1, 2024, marking the start of FY 2025. At that time, USCIS will resume processing adjustment of status applications, and U.S. embassies and consulates will restart issuing immigrant visas in the EB-3 and EB-5 Unreserved categories. However, due to sustained high demand for employment-based immigrant visas, it is anticipated that some categories and countries may exhaust their visa quotas early in FY 2025. The movement of Final Action dates will depend on the actual demand observed at the start of the fiscal year.
What Employers and Foreign Nationals Should Consider:
For those with pending adjustment of status cases, it is important to continue with any scheduled USCIS interviews. Be prepared, however, for the possibility that the interview may be rescheduled or that the case may not be approved until a visa number becomes available. Employers should also be aware of the potential delays this situation could cause in the hiring and onboarding of foreign nationals, especially those who are dependent on the EB-3 and EB-5 Unreserved categories.
Pros and Cons Summary:
Pros:
The U.S. Department of State has announced that the annual limits for the EB-3 and EB-5 Unreserved immigrant visa categories have been reached for the fiscal year (FY) 2024. As a result, these visa categories are now unavailable and will remain so until the new fiscal year begins on October 1, 2024. This has significant implications for foreign nationals and employers who are currently navigating the U.S. immigration process.
Immediate Impact:
The unavailability of the EB-3 and EB-5 Unreserved categories means that U.S. Citizenship and Immigration Services (USCIS) cannot approve any pending adjustment of status applications in these categories, nor can U.S. embassies and consulates issue immigrant visas until the beginning of FY 2025. Despite this, USCIS will continue to accept adjustment of status filings that are current in the August and September Visa Bulletins, but these cases will be held in limbo until visa numbers become available.
Looking Ahead to FY 2025:
The annual immigrant visa limits will reset on October 1, 2024, marking the start of FY 2025. At that time, USCIS will resume processing adjustment of status applications, and U.S. embassies and consulates will restart issuing immigrant visas in the EB-3 and EB-5 Unreserved categories. However, due to sustained high demand for employment-based immigrant visas, it is anticipated that some categories and countries may exhaust their visa quotas early in FY 2025. The movement of Final Action dates will depend on the actual demand observed at the start of the fiscal year.
What Employers and Foreign Nationals Should Consider:
For those with pending adjustment of status cases, it is important to continue with any scheduled USCIS interviews. Be prepared, however, for the possibility that the interview may be rescheduled or that the case may not be approved until a visa number becomes available. Employers should also be aware of the potential delays this situation could cause in the hiring and onboarding of foreign nationals, especially those who are dependent on the EB-3 and EB-5 Unreserved categories.
Pros and Cons Summary:
Pros:
- Filing Continuation: USCIS will continue accepting adjustment of status filings, ensuring that cases remain in the queue for when visa numbers become available.
- Anticipated Date Movement: Final Action dates may advance at the start of FY 2025, potentially benefiting those waiting for visa numbers.
- Immediate Unavailability: No visas will be issued or cases approved in these categories until October 1, 2024, causing delays.
- Interview Rescheduling: Foreign nationals may face interview rescheduling or delays in case approval, creating uncertainty and potentially extending processing times.
- High Demand Risks: Continued high demand could lead to early exhaustion of visa quotas in FY 2025, complicating future planning for both employers and foreign nationals.
Ugh, this is going to be a huge setback for my company! We were planning to hire a few foreign workers through the EB-3 route. Looks like we’ll have to put that on hold until October. I guess patience is key! 
But seriously, traveling without the proper advance parole can totally mess up the process. Stay put!
.