EB-3 Unavailable Through September 30

At a glance

• EB-3 immigrant visa categories are immediately unavailable and will remain so through the remainder of fiscal year 2019.
• USCIS should continue to accept EB-3 adjustment of status filings that are current in the Visa Bulletins for August and September.
• Cases in unavailable categories or subject to backlogs cannot be approved until a visa number becomes available.

The situation

The State Department has notified the American Immigration Lawyers Association that all EB-3 categories are now immediately unavailable and will remain so through September 30, the end of FY 2019. The annual immigrant visa quotas have been reached on all EB-3 categories for this fiscal year.

USCIS should continue to accept adjustment of status filings that are current in the Visa Bulletin for August and September. However, cases in unavailable (and retrogressed) 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 in light of the exhaustion of the visa quota. Even if the interview takes place, the case cannot be approved until a visa number becomes available.

In its August Visa Bulletin, the State Department predicted that due to continuing increased visa demand, further retrogressions could be imposed even prior to the close of FY 2019.  The agency also stated that when the new fiscal year begins on October 1, it hopes to return cut-off dates to at least the August Final Action dates.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.