Employment-Based 2nd and 3rd Preference Green Cards May Soon Be Unavailable as FY-2025 Quotas Near Limit

The U.S. Department of State’s Bureau of Consular Affairs has warned in the August 2025 Visa Bulletin that Employment-Based Second Preference (EB-2) and Third Preference (EB-3) green card categories are at risk of becoming unavailable in the coming weeks. This is due to high demand rapidly depleting Fiscal Year 2025 (FY-2025) visa quotas, according to the Visa Bulletin.

The August 2025 Visa Bulletin highlights an unprecedented surge in visa and green card usage within the EB-2 category, which caters to professionals with advanced degrees or exceptional abilities. The issuance total is approaching the FY-2025 annual limit of approximately 140,000 employment-based visas, with a per-country cap of 7%.

To manage the high demand, the final action date for EB-2 for “All Chargeability Areas Except Those Listed” (Rest of World) has retrogressed to September 1, 2023, a six-week setback from the previous month’s more recent date.

The bulletin projects that the EB-2 annual limit may be reached as early as August 2025. If this occurs, the category will be designated as “Unavailable,” halting all further visa and green card approvals until the new fiscal year begins on October 1, 2025.

This would prevent applicants from filing I-485 adjustment of status applications in the U.S. or scheduling visa interviews abroad, potentially causing significant delays for those nearing the approval stage. The U.S. Department of State is actively monitoring the situation and will make adjustments as needed to manage visa issuance, according to the Visa Bulletin.

For applicants within the U.S., those with I-140 petitions filed before September 1, 2023, can file I-485 applications in August. For those outside the U.S., the same priority dates apply for scheduling immigrant visa interviews, though consular backlogs may extend processing times significantly.

The EB-3 category, which includes skilled workers, professionals, and other workers (EW), is also under strain due to high visa demand. The issuance totals for both EB-3 and EW are approaching their FY-2025 limits, with the bulletin warning that retrogression or an “Unavailable” designation may be necessary by September 2025, or potentially earlier.

For skilled workers in the EB-3 category, the final action date for Rest of World remains at April 1, 2023, unchanged from July. For the EW subcategory, the priority date for unskilled workers is July 8, 2021, also unchanged.

Applicants with labor certifications filed and approved before these dates can file I-485 applications in August if in the U.S., or schedule visa interviews if abroad, provided their I-140 petitions are approved. However, the looming possibility of the categories becoming unavailable could disrupt these plans, particularly for those with later priority dates.

U.S. Citizenship and Immigration Services (USCIS) has confirmed it will use the Final Action Dates chart for employment-based green card applications in August 2025, rather than the Dates for Filing chart.

In contrast to the challenges in EB-2 and EB-3, the Employment-Based First Preference (EB-1) category remains “Current” for most countries, allowing applicants to file I-485 applications or pursue consular processing without priority date restrictions.

There are distinct priority dates for applicants from China-Mainland Born, India, Mexico, and the Philippines, reflecting country-specific demand and per-country visa caps.