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.
Explore more at Fragomen
Fragomen news
Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.
Media mentions
Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.
Blog post
Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.
Blog post
Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.
Blog post
Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.
Blog post
Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.
Video
In this video, we share an overview of Fragomen's posted worker compliance solutions.
Blog post
Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.
Media mentions
Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.
Media mentions
Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.
Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.
Blog post
Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.
Fragomen news
Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.
Media mentions
Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.
Blog post
Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.
Blog post
Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.
Blog post
Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.
Blog post
Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.
Video
In this video, we share an overview of Fragomen's posted worker compliance solutions.
Blog post
Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.
Media mentions
Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.
Media mentions
Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.
Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.
Blog post
Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.