Over the last week, U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) have released important updates regarding the current status of immigrant visa availability in the Employment-Based First-Preference (EB-1), Second-Preference (EB-2), Third-Preference (EB-3), and Other Workers (EW) categories for Fiscal Year 2025.
DOS has also outlined a new policy affecting where applicants may apply for nonimmigrant visa stamping, which may impact travel and processing strategies for foreign nationals seeking H, L, and F-1 visas. Employers and applicants should review these developments carefully to plan accordingly for the remainder of FY 2025 and the start of FY 2026, which begins October 1, 2025.
EB-1 Category: Priority Workers
All available EB-1 visas for FY 2025 have been issued. This category includes:
- Individuals with extraordinary ability
- Outstanding professors and researchers
- Certain multinational executives and managers
Under INA § 203(b)(1), EB-1 visas are capped at 28.6% of the worldwide employment-based visa total. No further EB-1 visas will be issued by U.S. embassies and consulates abroad until the start of FY 2026 on October 1, 2025, when the annual limits reset. Likewise, USCIS cannot approve adjustment of status (I-485) applications.
EB-2 Category: Priority Workers
All available EB-2 visas for FY 2025 have also been issued. This category includes:
- Professionals with advanced degrees
- Individuals with exceptional ability in their fields
- National Interest Waiver (NIW) Applicants
No further EB-2 visas will be issued until the start of FY 2026 on October 1, 2025, when the annual limits reset.
EB-3 and EW Categories: Skilled Workers, Professionals, and Other Workers
DOS has also confirmed that the EB-3 and EW categories have reached their annual limits for FY 2025. These categories include:
- Skilled workers (requiring at least two years of training or experience)
- Professionals (with a U.S. bachelor’s degree or foreign equivalent)
- Other Workers (EW) (unskilled labor requiring less than two years of training or experience)
No additional EB-3 or EW visas will be issued until the new fiscal year begins on October 1, 2025.
New DOS Policy on Visa Stamping Location Preferences
In conjunction with the announcement of immigrant visa unavailability, DOS has issued updated guidance regarding the location of visa stamping for employment-based nonimmigrant visa applicants, including L and H visas, as well as for F-1 students. This policy change is particularly relevant for individuals who prefer to apply for visa stamps while traveling to third countries, rather than in their home country, often because of shorter wait times than in their country of nationality or country of residence. Previously referred to as forum shopping, this new DOS policy will make it unlikely that an appointment can be scheduled for a third-country national at a consulate with shorter wait times.
Under the new guidance:
- Applicants must generally apply for nonimmigrant visa stamping in their country of nationality or residence. If applying at a consulate in the applicant’s country of residence, proof of residence is required.
- This change may cause significant inconvenience for individuals who planned to obtain visa stamps while abroad, especially in countries with shorter wait times or more favorable processing conditions.
Exceptions to this policy include:
- Applicants for A, G, C-2, C-3, NATO visas
- Applicants for diplomatic-type or official-type visas, regardless of classification
- Applicants for travel covered under the UN Headquarters Agreement
- Rare exceptions may be granted for humanitarian or medical emergencies or foreign policy considerations
What to Expect on October 1, 2025
With the start of FY 2026, the annual immigrant visa limits will reset, and:
- Visa issuance in EB-1, EB-2, EB-3, and EW categories will resume for qualified applicants
- The Visa Bulletin will reflect updated availability and priority date movement
Recommendations for Employers and Applicants
- Monitor the Visa Bulletin for updates on visa availability and priority date changes. Any applicant for an employment-based immigrant visa may still file their I-485 adjustment of status application with USCIS, provided their priority date is current under the final action dates chart on the September 2025 Visa Bulletin.
- Consult immigration counsel to explore alternative visa options or prepare for FY 2026 filings.
- Plan travel and visa stamping strategies carefully, considering the new DOS location-based restrictions.
- Prepare documentation early to ensure timely submission once the categories reopen.
