EB-2 Visa Category Unavailable for FY 2024 Due to Annual Limit Being Met

EB-2 Category Unavailability

Due to the annual limit being met for Fiscal Year 2024, the EB-2 immigrant visa category has become immediately unavailable. This category, designed for professionals with advanced degrees or exceptional abilities, will not see additional visa issuances until the next fiscal year begins.

Impact on Visa Issuance and Adjustment of Status

As a result, U.S. embassies and consulates are unable to issue immigrant visas in the EB-2 category until October 1, 2024, marking the start of Fiscal Year 2025. This extends to the U.S. Citizenship and Immigration Services (USCIS), which will also refrain from approving adjustment of status applications in this category until the new fiscal year.

Despite the constraints on issuing visas, USCIS will continue to accept adjustment of status filings that are current in the Visa Bulletin for September. However, filings within the EB-2 and other affected categories will be delayed, as these cases will be held for adjudication until visa numbers become available in the subsequent fiscal year.

Annual Limit Reset and Broader Trends

The visa number reset occurs with the start of the new fiscal year on October 1, 2024. This will permit the resumption of visa issuances and approval of adjustment of status applications in the EB-2 category. But the exhaustion of annual limits extends beyond just the EB-2 category; several other employment-based immigrant visa categories, such as EB-1, EB-3, and EB-5, have similarly met their ceilings for FY 2024.

High demand for employment-based immigrant visas coupled with limited quotas prescribed by the Immigration and Nationality Act (INA) has prompted this early exhaustion. As these quotas are critical for managing immigration, the current situation underscores the need for a potential reevaluation of visa policies to better align with the demand.

Interview and Approval Process Amidst Delays

Foreign nationals who have scheduled adjustment of status interviews should proceed to attend them. It is important to note, however, that USCIS officers might reschedule these interviews or provisionally approve the applications pending availability of visa numbers. This creates a temporary state of uncertainty for many applicants awaiting final resolution.

Looking Ahead: Future Visa Availability

The State Department anticipates that Final Action dates will advance when the new fiscal year commences on October 1, 2024. The extent of these advancements will largely depend on actual immigrant visa demand. This period of unavailability brings to light the pressing challenges faced by foreign nationals and underscores the complexities inherent in the U.S. immigration system.