United States: EB-1 Immigrant Visa Category Unavailable Through September 30 After Reaching Annual Limit for FY 2024
August 28, 2024
Country / Territory
Share
At a glance
- The EB-1 immigrant visa category is 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-1 adjustment of status filings that are current in the Visa Bulletins for August and September.
- EB-1 cases cannot be approved until a visa number becomes available.
A closer look
The State Department has announced that the annual limit for the EB-1 immigrant visa category has been met for FY 2024. As a result, the category is immediately unavailable and will remain so through September 30, the end of the fiscal year. 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-1 category 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 the EB-1 and any other currently unavailable categories. The EB-3 and EB-5 Unreserved immigrant visa categories became unavailable in mid-August.
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 Bulletins 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 EB-1 quota. Even if the interview takes place, the case cannot be approved until a visa number becomes available.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
