The U.S. Department of State (DOS) announced that the annual limit has been reached on September 8, 2025 for the employment-based first preference category (EB-1) and on September 9, 2025 for employment-based third preference category (EB-3) and “Other Workers” (EW) subcategory. These announcements come after the DOS announced on September 2, 2025 that the annual immigrant visa quota under the employment-based second preference category (EB-2) has been reached for the current fiscal year, which ends September 30, 2025. 

Immigrant visa numbers should again become available under the annual quota system for fiscal year 2026, which begins October 1, 2025. Because the fiscal year 2025 immigrant visa quota has been exhausted for the EB-1, EB-2, EB-3, and EW categories, the U.S. Citizenship and Immigration Services (USCIS) will not be able to issue final approvals of Applications to Adjust Status (“green card” applications) for these employment-based categories for the next few weeks. Moreover, the DOS will not be able to issue new immigrant visas for these categories at consular posts abroad.  

Pursuant to existing USCIS guidance and past practice, the USCIS should continue to accept employment-based applications during this period; however, applications cannot be approved during this time. Approvals for Applications to Adjust Status and issuance of immigrant visas at U.S. consular posts abroad should resume on October 1, 2025, under the fiscal year 2026 immigrant visa quota. 

Foster LLP will continue to track immigrant visa availability and provide updates about any developments via Immigration Updates©, articles, and blogs on our website at www.fosterglobal.com.