The U.S. Department of State has announced that the annual limits for the Employment-Based Third Preference (EB-3) immigrant visa categories have been reached for fiscal year 2024. Consequently, these visa categories will no longer be available for the remainder of the year.
As a result, U.S. embassies and consulates worldwide will stop issuing immigrant visas in these categories. Additionally, U.S. Citizenship and Immigration Services (USCIS) will suspend the approval of adjustment of status applications for EB-3 and EB-5 Unreserved applicants until the new fiscal year begins on October 1, 2024.
The Immigration and Nationality Act (INA) sets annual limits on the number of employment-based preference immigrant visas issued each fiscal year. Under INA 203(b)(3), 28.6 percent of the worldwide employment limit is allocated to the EB-3 category, with a maximum of 10,000 visas available specifically for the EW category.
The State Department attributes this rapid depletion of visa numbers to an unprecedented surge in applications. The agency had previously anticipated that visa limits could be reached early in the fiscal year due to high demand.
With all available EB-3 and EW visas for FY 2024 now issued, U.S. embassies and consulates will be unable to issue any more visas in these categories until the new fiscal year starts on October 1, 2024. At that time, the annual limits will reset, allowing the resumption of visa issuance to qualified applicants.
This visa shortage is expected to significantly impact employers across various industries who rely on foreign workers to fill critical positions. Additionally, thousands of foreign nationals in the process of obtaining green cards through the EB-3 and EB-5 Unreserved categories will face delays.
USCIS will continue to accept adjustment of status applications for these categories, but cases will be held in abeyance until visa numbers become available. Applicants with scheduled interviews should proceed as planned but be aware of potential rescheduling due to the visa limitations.
The State Department anticipates that visa numbers will resume on October 1, 2024, but the exact timing and availability of visas will depend on the level of demand in the new fiscal year.