The US State Department has confirmed that the annual limit for EB-1 immigrant visas has been reached for fiscal year 2025. As a result, no new EB-1 visas will be issued, and pending adjustment of status applications cannot be approved until the next fiscal year begins on October 1st, 2025.
This freeze will stay in place until September 30th, the final day of the current fiscal year. After that, a new allocation of EB-1 visas will become available for the fiscal year 2026.
EB-1 Visa Category Reaches Limit
The EB-1 visa is an American green card category for certain highly skilled individuals, such as multinational executives, outstanding researchers, professors, and those with extraordinary ability in fields like science, the arts, business, or sports. It offers a path to permanent residency.
Reports inform that due to increasing demand across all employment-based visa categories, the EB-1 cap has now been exhausted. This follows the early cutoff of other visa categories, including the EB-2 category, which reached its limit last week.
In its September Visa Bulletin, the US Department of State warned that visa availability in many employment-based categories was likely to be used up before the end of the fiscal year.
Impact on Pending Applications and Interviews
US Citizenship and Immigration Services (USCIS) has stated that it will continue to accept EB-1 adjustment of status applications if the case remains current in the September Visa Bulletin. However, no final decisions can be made until visa numbers become available again in October.
Applicants who are scheduled for interviews should still attend, but USCIS officers may either delay interviews or conduct them and place the cases on hold. No EB-1 green cards will be approved until the beginning of the new fiscal year.
USCIS has issued the following guidance:
Continue Filing: Applications that remain current should still be submitted.
Expect Delays: Interviews may proceed, but no case can be approved until visa numbers reset.
Plan Ahead: Employers and applicants should prepare for continued high demand in FY 2026.
EB-2 Visa Category Also Exhausted
The EB-2 visa category, which includes advanced-degree professionals and individuals with exceptional ability, has also reached its annual limit. Like with EB-1, applicants can still file cases if they are current, but approvals will be paused until October 1st, 2025.
The simultaneous exhaustion of both EB-1 and EB-2 categories signals increased pressure on the American employment-based immigration system. Applicants in both categories are advised to monitor monthly visa bulletins and plan for further delays.
What to Expect in Fiscal Year 2026
New visa numbers for EB-1 and EB-2 will become available when the 2026 fiscal year begins on October 1st, 2025. At that time, USCIS and American consulates abroad will resume processing and approving cases.
The State Department has noted that strong demand is expected to continue into the next fiscal year. As a result, employers and foreign nationals should prepare for the possibility of early retrogressions or caps being reached again.
The agency has advised applicants to submit complete and timely filings, follow visa bulletin updates, and work closely with legal and immigration professionals to plan effectively.
