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.)  

New Guidance for Interfiling of Employment Adjustment Applications

The race between the Employment Second Preference visa category (EB-2) and the Employment Third Preference visa category (EB-3) has caused a lot of confusion and even conflicts between employers and employees.  The EB-2 category has traditionally been more advantageous for applicants, especially Indians and Chinese, in terms of the cutoff dates.  The reason is that EB-2 positions require a higher level of qualifications (generally a graduate degree or its equivalent) to apply, and fewer applicants qualify for it.  

However, over time, more applicants have become qualified for EB-2 positions through graduate studies and/or accumulation of work experience.  The result is that the cutoff dates for EB-2 also slow down at times.  For example, in October 2020's Visa Bulletin, EB-3 was faster than EB-2 in terms of Final Action Dates.  In the same month, DOS advanced the Filing Date for EB-3 India by 5 months, resulting in many I-140 visa petitions being filed to "down-grade" to the EB-3 category.  Because USCIS also allowed the use of the Filing Dates for filing the I-485 adjustment applications in the same month, many such downgraded cases were filed concurrently with the I-485 applications.  

Recently, the tides have turned again. For example, in Feb 2022's Visa Bulletin, the EB-2 cutoff dates for both India and China have become more advanced than their EB-3 counterparts.  Consequently, many applicants are trying to switch gears again by reverting to the EB-2 category.  The process has not been easy, as USCIS did not have any standard procedure for interfiling or reassigning visa categories of pending I-485 applications.  

Well, that has just changed yesterday, thanks to the Biden-Harris Administration's efforts to recruit STEM talent, when USCIS quite unexpectedly announced a policy to allow transfer of pending I-485 applications to a different EB immigrant visa category.  The purpose of the policy is to use up all available visas in the employment immigrant categories. 

Which I-485 applications are eligible for transfer to another EB visa category?

USCIS will look at the following factors to determine eligibility:

1)  The applicant must have continuously maintained eligibility for adjustment of status;

2)  The subject adjustment of status application based on the original Form I-140 is still pending;

3)  The applicant must be eligible for the new immigrant category (e.g., EB-2); and

4)   There must be a visa immediately available in the new immigrant category (based on the Visa Bulletin).

It is important to note that this new mechanism is only for transfer of I-485s between employment immigrant categories.  Transfers to or from family-based or other immigrant categories should be made through the existing regular channels. 

How can such a transfer or interfiling request be made?

The request to interfile or transfer a pending I-485 to another EB visa category must be made in writing by the applicant or his/her legal representative.  For FY 2022, USCIS has designed a specific address for making such a request.  The following designated address and point of contact is valid through 09/30/2022.  

U. S. Department of Homeland Security

USCIS Western Forms Center

10 Application Way

Montclair, CA 91763-1350

If you have already submitted such a request before in writing to another USCIS address, you should not resubmit your request again.  The USCIS office assigned to work on your I-485 application will process your request accordingly for the fiscal year.    

What documents should be submitted?

The applicant or his/her lawyer should submit the request in writing, specifically and clearly stating the request.  Supporting documents to prove eligibility must also be provided.   If the underlying I-140 petition for the visa category (e.g., EB-2) to which you are requesting to transfer has already been approved, you must also submit the Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) (I-485J form). If the underlying I-140 petition is still pending, the I-485J form is not required.

The purpose of the Supplement J is to confirm the validity of the job offered to the applicant in the underlying visa petition.  

What to expect after submission?

As with previous requests, USCIS does not provide a written response to transfer requests.  However, if an I-485J supplement form is submitted, USCIS will issue receipt notices for the form.

Final Thoughts

The new policy provides a better way for interfiling requests to be made, which is good news.  However, applicants should understand that each person's situation is different, and cutoff dates may and will change in the future.  Further, USCIS has indicated that, for purposes of case portability, the 180-day clock will re-start on the day the transfer request is received by USCIS.  Hence, applicants should analyze their situation very carefully before deciding what to do. 

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