U.S. Halts Employment-Based Visa and Green Card Issuance Until New Fiscal Year After Reaching Visa Cap

The U.S. Department of State has announced that the annual cap for all employment-based visa categories has been reached for the fiscal year 2024, which ends on September 30, 2024. As a result, no more visas will be issued in these categories until the new fiscal year begins on October 1, 2024.

U.S. Embassies and Consulates are no longer able to issue immigrant visas in these categories for the remainder of FY 2024. However, the U.S. Citizenship and Immigration Services (USCIS) will continue to accept adjustment of status applications but will not approve any cases until the new fiscal year.

This situation arises from the high demand for these visas, which has exhausted the available numbers for the year. A new quota of immigrant visas will be available starting October 1, 2024.

“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 Second Preference (EB-2) category for fiscal year (FY) 2024. Maximizing these visas facilitates legitimate travel for individuals with exceptional ability and professionals holding advanced degrees. These individuals bring contributions across many industries that greatly benefit the U.S. economy,” the U.S. Department of State — Bureau of Consular Affairs said in its latest update on Monday. Previously, the Bureau issued similar updates for the EB-1, EB-3, EB-4, and EB-5 categories.

“The Immigration and Nationality Act (INA) limits the number of employment-based preference immigrant visas that may be issued within a fiscal year. Specifically, INA 203(b)(2) provides that the annual limit for EB-2 visas is 28.6 percent of the worldwide employment limit,” said the U.S. Department of State. The same rule applies for the EB-1 and EB-3 categories. However, INA 203(b)(4) provides that the annual limit for EB-4 and EB-5 visas is 7.1 percent each of the worldwide employment limit. All available EB-5 unreserved visas for FY 2024 have also been used.

“Since all available employment visas for FY 2024 have been used, embassies and consulates may not issue visas in this category for the remainder of the fiscal year. The annual limit will reset with the start of the new fiscal year (FY 2025) on October 1, 2024. At that point, embassies and consulates may resume issuing immigrant visas in this category to qualified applicants,” said the Department of State.