United States: EB-5 Unreserved Immigrant Visa Category Unavailable Through September 30 After Reaching Annual Limit for FY 2025
September 16, 2025
Country / Territory
Share
At a glance
- The EB-5 Unreserved immigrant visa category is immediately unavailable and will remain so through the remainder of fiscal year 2025, which ends September 30, 2025.
- USCIS should nevertheless continue to accept EB-5 Unreserved adjustment of status filings that are current in the Visa Bulletin for September, as the agency has done in prior years.
- Cases in unavailable categories cannot be approved until a visa number becomes available.
- Annual immigrant visa limits re-set on October 1.
A closer look
The State Department has announced that the annual limit for the EB-5 Unreserved immigrant visa category has been met for FY 2025. 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-5 Unreserved category through September 30.
Annual immigrant visa limits will reset with the start of the FY 2026 fiscal year on October 1, 2025. 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-5 Unreserved category. The October Visa Bulletin has already been released by the State Department and provides detail on immigrant visa number availability for those seeking green cards in the EB-5 Unreserved categories. USCIS has also announced that it will honor the Visa Bulletin Dates for Filing chart for the acceptance of employment-based adjustment of status applications in October.
Background
In its September Visa Bulletin, the State Department warned that due to continuing increased demand and usage, immigrant visa annual limits in most employment-based categories could be exhausted in August or September. The EB-1, EB-2, and EB-3 category limits for FY 2025 were reached within the last week.
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 Bulletin for September. However, cases in the EB-5 Unreserved category 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-5 Unreserved 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.
