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
Media mentions
Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.
Podcast
David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.
Blog post
Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.
Media mentions
Senior Manager Katharina Vorländer discusses workations as a way to support talent retention, noting the legal, tax and immigration considerations involved.
Blog post
Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.
Blog post
Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.
Blog post
This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.
Video
Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.
Blog post
This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.
Media mentions
Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.
Blog post
Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.
Media mentions
Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.
Media mentions
Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.
Podcast
David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.
Blog post
Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.
Media mentions
Senior Manager Katharina Vorländer discusses workations as a way to support talent retention, noting the legal, tax and immigration considerations involved.
Blog post
Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.
Blog post
Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.
Blog post
This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.
Video
Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.
Blog post
This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.
Media mentions
Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.
Blog post
Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.
Media mentions
Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.