The U.S. State Department has announced that the annual quota for the EB-1 immigrant visa category has been reached for the current fiscal year, FY 2024. As a result, the category is now unavailable until September 30, 2024, when the fiscal year ends.
During this period, U.S. embassies and consulates worldwide cannot issue immigrant visas in the EB-1 category. Additionally, U.S. Citizenship and Immigration Services (USCIS) cannot approve adjustment of status applications for this category.
The State Department anticipates that the annual immigrant visa limits will reset with the start of FY 2025 on October 1, 2024. At that time, USCIS will resume processing adjustment of status cases, and embassies and consulates will resume issuing immigrant visas in the EB-1 and other currently unavailable categories.
The EB-3 and EB-5 Unreserved immigrant visa categories also became unavailable in mid-August due to the exhaustion of their annual limits.
In its September Visa Bulletin, the State Department predicted that increased visa demand could lead to the exhaustion of annual limits for many employment-based immigrant visa categories and countries. The agency expects that Final Action dates will advance at the beginning of the new fiscal year on October 1, but the actual date movements will depend on visa demand.
According to the Bureau of Consular Affairs, the State Department, working in close collaboration with U.S. Citizenship and Immigration Services, is pleased to announce the issuance of all available visas in the Employment-Based First Preference (EB-1) category for fiscal year (FY) 2024. The bureau clarified that the Immigration and Nationality Act (INA) limits the number of employment-based preference immigrant visas that can be issued within a fiscal year.
Foreign nationals with scheduled adjustment of status interviews should plan to attend their interviews but be aware that they may be rescheduled due to the exhaustion of the EB-1 quota. Even if the interview takes place, the case cannot be approved until a visa number becomes available.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
