At a glance
- The EB-3 and EB-5 Unreserved immigrant visa categories are immediately unavailable and will remain so through the remainder of fiscal year 2024, which ends September 30, 2024.
- USCIS should nevertheless continue to accept EB-3 and EB-5 Unreserved adjustment of status filings that are current in the Visa Bulletins for August and September.
- Cases in unavailable categories cannot be approved until a visa number becomes available.
A closer look
The State Department has announced that the annual limits for the EB-3 and EB-5 Unreserved immigrant visa categories have been met for FY 2024. As a result, these categories are immediately unavailable and will remain so through September 30, the end of the fiscal year. This means that U.S. embassies and consulates cannot issue immigrant visas and U.S. Citizenship and Immigration Services (USCIS) cannot approve adjustment of status applications in the EB-3 and EB-5 Unreserved categories through September 30.
Annual immigrant visa limits will reset with the start of the FY 2025 fiscal year on October 1, 2024. At that point, USCIS will be able to resume approving adjustment of status cases and embassies and consulates will be able to resume issuing immigrant visas in these categories. In its September Visa Bulletin, the State Department predicted that due to continuing increased visa demand, employment-based immigrant visa annual limits could be exhausted for many categories and countries in September or earlier. The agency anticipates that Final Action dates will advance at the start of the new fiscal year on October 1, but date movements will depend on actual immigrant visa demand.
What this means for employers and foreign nationals
USCIS should continue to accept adjustment of status filings that are current in the State Department Visa Bulletin for August and September. However, cases in the unavailable categories will be held for adjudication until visa numbers are available.
Foreign nationals with scheduled adjustment of status interviews should plan to attend their interview, but also be aware that the USCIS officer may decide to reschedule the interview in light of the exhaustion of the quota in these categories. Even if the interview takes place, the case cannot be approved until a visa number becomes available.
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