The Exhaustion of EB-1, EB-2, and EB-3 Visa Numbers in FY 2025

The close of each U.S. fiscal year often brings significant developments in the employment-based immigration landscape. For fiscal year (FY) 2025, which ends on September 30, 2025, the annual immigrant visa limits for the EB-1, EB-2, and EB-3 categories have all been exhausted. This has immediate consequences for applicants both inside and outside the United States. At the same time, there are still narrow pathways for certain applicants to file adjustment of status (Form I-485) applications in September based on the current Visa Bulletin.

1. Employment-Based Visa Numbers

Under the Immigration and Nationality Act (INA), the worldwide level of employment-based immigrant visas is capped annually, typically at 140,000 visas, with unused family-based numbers from the prior year added to this pool. Each employment-based preference category (EB-1, EB-2, EB-3, etc.) receives a fixed percentage allocation. EB-1 (priority workers), EB-2 (advanced degree and exceptional ability), and EB-3 (skilled workers, professionals, and “other workers”) categories are each allocated 28.6% of the worldwide employment-based immigrant visa total.

Per-country caps further limit how many visas applicants from a single country can use. Once a category’s allocation is reached, that preference becomes “unavailable” until the start of the next fiscal year.

2. Exhaustion of EB-2 Numbers

On September 2, 2025, the State Department announced that EB-2 numbers were fully used for FY 2025 . This means no further EB-2 immigrant visas will be issued at consulates abroad or approved through adjustment of status at USCIS until October 1, 2025, when the new fiscal year begins and a fresh allotment becomes available.

This exhaustion is significant because EB-2 is historically one of the most heavily used categories, covering a wide range of professionals, from engineers and scientists to individuals approved under the National Interest Waiver (NIW).

3. Exhaustion of EB-1 Numbers

On September 8, 2025, the State Department and USCIS confirmed that the EB-1 category also hit its annual limit. This development underscores the intense demand for EB-1 visas, particularly among applicants from oversubscribed countries such as India and China, where backlogs have been historically severe.

The EB-1 category includes multinational executives/managers, outstanding professors and researchers, and individuals of extraordinary ability. 

4. Exhaustion of EB-3 Numbers

Finally, the EB-3 category was also declared exhausted in September on September 9, 2025. This includes a range of skilled and professional roles, as well as the “EW” subcategory for unskilled labor. With EB-3 visas no longer available until the new fiscal year, U.S. employers sponsoring workers in these roles will need to wait until after October 1 to see movement again.

5. What “Unavailable” Really Means

When the State Department declares a category unavailable, this has concrete implications:

• Consular Processing: U.S. embassies and consulates will not issue immigrant visas in the unavailable category. Cases already scheduled may be postponed or held until numbers are replenished.

• Adjustment of Status (I-485): USCIS cannot approve adjustment applications in unavailable categories. Cases already pending will remain in limbo until October 1, 2025, or later if backlogs persist.

• Visa Bulletin Impact: In the monthly Visa Bulletin, unavailable categories are marked as such in the “Final Action Dates” chart.

Importantly, “unavailable” does not invalidate pending applications. Instead, those cases carry over into the new fiscal year, where they may resume processing if dates are current.

6. Filing I-485 Applications in September 2025

Despite the exhaustion of EB-1, EB-2, and EB-3 numbers, many applicants inside the U.S. still have a limited window to file their Form I-485 applications in September 2025. This is because the Visa Bulletin controls not only when cases can be approved but also when applicants are eligible to submit their applications.  USCIS has specifically confirmed that it will use the “Dates for Filing” chart for September 2025 . This means that applicants with priority dates earlier than the cutoff in that chart can still file their I-485 before the month ends, even though visas cannot be approved until October or later.

For applicants, this filing opportunity is critical. Filing in September secures a place in line and allows applicants and their families to apply for ancillary benefits such as employment authorization (EAD) and advance parole (AP).

7. Looking Ahead to FY 2026

The exhaustion of all three major employment-based categories signals continued high demand for U.S. permanent residency among professionals and workers. When the fiscal year resets on October 1, 2025, fresh allocations will become available, and some relief will occur. However, backlogs will remain, especially for oversubscribed countries.  Cutoff dates may advance slowly in the October 2025 Visa Bulletin, depending on demand.  Finally, USCIS and the State Department may adjust how quickly they move dates to avoid rapid exhaustion early in FY 2026.  It is critical that applicants plan their immigration filings early on to navigate the ever-changing immigration policy.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)