The U.S. Department of State (DOS) has announced that the annual limit for Special Immigrant Visas and green cards (EB-4) has been reached within just five months of the fiscal year. This means that no more visas under this category will be available until the next fiscal year begins on October 1.
“The State Department, working in close collaboration with U.S. Citizenship and Immigration Services, has issued all available immigrant visas in the Employment-Based Fourth Preference (EB-4) category for fiscal year (FY) 2025,” said the U.S. Department of State’s Bureau of Consular Affairs.
“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)(4) provides that the annual limit for EB-4 visas is 7.1 percent of the worldwide employment limit,” the Bureau of Consular Affairs further clarified. The annual limit for the EB-4 (Employment-Based Fourth Preference) visa category is approximately 9,940 visas per fiscal year. This represents 7.1% of the total 140,000 employment-based visas allocated annually.
According to the Bureau of Consular Affairs, since all available EB-4 visas for FY 2025 have been used, embassies and consulates may not issue visas in these categories for the remainder of the fiscal year. The annual limits will reset with the start of the new fiscal year (FY 2026) on October 1, 2025. At that point, embassies and consulates may resume issuing immigrant visas in this category to qualified applicants.
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Last year, the annual limit for the EB-4 category was reached at the end of August. However, this year, the cap has been met much earlier.
As the Trump administration dismantles the U.S. Agency for International Development (USAID), foreign employees who were laid off from their jobs are now considering applying for Special Immigrant Green Cards. “After being laid off, we received an email suggesting the option to apply for a Special Immigrant Visa. We are considering this option and will likely begin the process soon,” said a former foreign employee of USAID.
Special immigrant green cards are issued under various programs, including those for religious workers, certain international organization employees, and other qualifying individuals. Under U.S. immigration law, foreign employees who have provided “faithful and valuable service” to the U.S. government for a specified period may be eligible for Special Immigrant Status through the Employment-Based Fourth Preference category.
According to the March Visa Bulletin issued by the U.S. Department of State’s Bureau of Consular Affairs, the final action date for the Special Immigrant Visa category is August 1, 2019, and USCIS is accepting this date for adjustment of status for applicants already in the U.S. However, for those still abroad, the filing date is February 1, 2021. These applicants cannot receive a visa interview unless their final action date is current, which is currently August 1, 2019.
The first Visa Bulletin under the Trump administration retrogressed the final action date from January 1, 2021, to August 1, 2019, further delaying visa processing. As a result, it currently takes approximately 4.5 years to obtain a visa in this category. For applicants already in the U.S., the wait time is even longer, as USCIS is using the final action date as the filing date for adjustment of status.