Summary

• The U.S. State Department and U.S. Citizenship and Immigration Services (USCIS) have issued all EB-1 and EB-2 immigrant visas available for fiscal year (FY) 2025.
• Under the Immigration and Nationality Act (INA), both EB-1 and EB-2 categories are capped at 28.6 percent of the worldwide employment-based visa limit each fiscal year.
• No further EB-1 or EB-2 visas will be issued until the start of the next fiscal year, beginning October 1, 2025.
• Qualified applicants will have their cases resumed once the FY 2026 annual limits are reset.

Introduction

The U.S. Department of State, working with the U.S. Citizenship and Immigration Services (USCIS), has confirmed that the Employment-Based First Preference (EB-1) and Employment-Based Second Preference (EB-2) visa categories have reached their respective annual limits for fiscal year (FY) 2025. This development means no further visas in these categories can be issued until the beginning of the new fiscal year on October 1, 2025. The decision is tied to provisions under the Immigration and Nationality Act (INA), which imposes numerical caps on employment-based immigration visas each year.

Background and Definitions

Employment-Based Immigration System

The United States employment-based immigration system provides a pathway for foreign nationals with specific skills, qualifications, or advanced degrees to obtain lawful permanent residency. This system is divided into five preference categories, ranging from individuals with extraordinary ability to certain unskilled workers.

 

EB-1 Visa Category

The EB-1 category, established under INA 203(b)(1), is designed for individuals of extraordinary ability, outstanding professors or researchers, and certain multinational managers and executives. Due to the high qualifications required, EB-1 visas are often considered among the most competitive immigration categories. As per the U.S. Department of State, the law stipulates that this category is allotted 28.6 percent of the worldwide employment-based visa limit annually.

 

EB-2 Visa Category

The EB-2 category, set under INA 203(b)(2), covers professionals holding advanced degrees or individuals with exceptional ability in sciences, arts, or business. Similar to EB-1, the EB-2 category is also capped at 28.6 percent of the global employment-based visa allocation each year.

 

Numerical Limits Under the INA

The Immigration and Nationality Act governs how many visas may be issued across different categories annually. Each fiscal year begins on October 1 and ends on September 30 of the following year. Once a category’s cap is reached, no further visas can be granted until the new fiscal year begins and limits reset.

 

Key Takeaways

Annual Quotas Drive Availability

The Immigration and Nationality Act establishes strict limits on the number of visas available each year. For both EB-1 and EB-2 categories, the cap stands at 28.6 percent of the global employment-based visa limit. Once these quotas are reached, no exceptions are made.

 

Timing Is Critical

Since the fiscal year ends on September 30, applicants whose cases are pending late in the fiscal year may face delays. Even if all eligibility requirements are met, a visa cannot be issued if the category’s annual quota is already exhausted.

 

Reset on October 1

Both EB-1 and EB-2 categories will become available again when FY 2026 begins on October 1, 2025. At that point, embassies and consulates will resume processing qualified applicants.

 

Applicants Must Wait

Individuals who have been approved but have not yet received their visas will need to wait until the new fiscal year’s numbers are available. This may prolong timelines for some applicants, particularly those outside the United States awaiting consular processing.

 

No Impact on Other Categories

The announcement applies specifically to EB-1 and EB-2 categories. Other employment-based categories, such as EB-3 (skilled workers and professionals) or EB-5 (immigrant investors), have separate annual allocations and are unaffected by this particular development.

The exhaustion of EB-1 and EB-2 visas before the end of the fiscal year highlights ongoing demand for U.S. employment-based immigration. These categories typically attract highly skilled professionals, advanced degree holders, and individuals with specialized expertise. The annual limits, however, often mean that demand surpasses supply.

 

In recent years, similar outcomes have been observed, where visa caps for certain categories were reached well before the fiscal year ended. The fixed percentage allocations under the INA mean that even in times of strong economic need, visa issuance remains bound by statutory limits.

 

This pattern emphasizes two important points for applicants and employers alike:

Planning Ahead: Those applying under EB-1 or EB-2 must be aware of the timing of their applications, as processing late in the fiscal year may encounter delays.

Policy Constraints: While immigration demand fluctuates with labor market needs, statutory caps create rigid ceilings on visa availability. Unless adjusted through legislative change, these limits will continue to affect applicants.

Conclusion

The U.S. State Department and USCIS have confirmed that all immigrant visas under the EB-1 and EB-2 categories for FY 2025 have been issued. This action, guided by the Immigration and Nationality Act’s numerical limits, means that no additional EB-1 or EB-2 visas can be issued until the start of FY 2026 on October 1, 2025.

For qualified applicants, this development underscores the importance of timing and awareness of annual caps. While visa issuance will resume in the next fiscal year, the current pause highlights the ongoing balance between statutory limits and the strong demand for employment-based immigration to the United States.

 

Sources:

Visa Bulletin for October 2025 – U.S. State Department

Annual Limit Reached in the EB-1 Category – U.S. State Department