As we approach the end of the fiscal year, USCIS has a tendency to rush through as many pending Green Card cases as possible to fully utilize the annual allotment of available immigrant visas. Often times we malign USCIS for some of their haphazard policy changes and at times absurd or sophomoric decisions. However, where credit is due, it shall be given.

Over the last several months, we’ve seen USCIS to an impeccable job clearing and approving pending Green Card cases. Sometimes we’ve seen approvals in as little as six weeks!

While USCIS is doing what it can to clear the approvable cases in its queue by the end of the fiscal year, one of the collateral impacts of this approach is that USCIS has reached the limit of immigrant visas it can lawfully issue  until October 1, 2024, the start of the next fiscal year.

As a matter of background, the annual limit for employment-based Green Cards is set at about 140,000, with this total divided among five preference categories. The first category, EB-1, which includes individuals with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers, is allocated approximately 40,040 visas annually. The same number of visas is allocated to the EB-2 category, which covers professionals with advanced degrees or exceptional ability in the sciences, arts, or business. Similarly, the EB-3 category, which is designated for skilled workers, professionals with a bachelor’s degree, and other workers for jobs requiring less than two years of training, also receives about 40,040 visas each year.

The EB-4 category, reserved for special immigrants such as certain religious workers, special immigrant juveniles, and U.S. government employees abroad, is allocated approximately 9,940 visas annually. The same number is allocated to the EB-5 category, which is for immigrant investors who invest a significant amount of capital in a U.S. commercial enterprise that creates or preserves at least 10 full-time jobs for U.S. workers.

Each country is subject to a maximum of 7% of the total available employment-based visas in any given year, which equals about 9,800 visas per country. Additionally, unused visas from higher preference categories can roll down to the next lower preference category, potentially increasing the number of visas available in those categories. These numerical limits often result in backlogs, especially for applicants from countries with high demand, such as India and China, where wait times can extend for several years due to the per-country cap and high demand within specific categories.

Last week, he State Department, in partnership with U.S. Citizenship and Immigration Services, has announced that all available EB-1 visas for fiscal year 2024 have been issued. The EB-1 category includes individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives and managers. These visas are crucial as they allow individuals who contribute significantly to the U.S. economy to immigrate. Due to the annual limit set by the Immigration and Nationality Act (INA), no more EB-1 visas can be issued for the rest of the fiscal year. Visa issuance will resume in the next fiscal year, starting October 1, 2024.

What does this mean for EB-2 and/or EB-3 Green Card petitions? While there is only one month left in the fiscal year, practitioners are uncertain whether USCIS or Department of State will utilize all available EB-2 and/or EB-3 visas.

In the past, we have seen USCIS or Department of State re-issue contemporary Visa Bulletins to reflect unavailability across all categories, similar to what they’ve done this month for EB-1A. However, until we get word from the government regarding these actions, we should consider things proceeding under the typical course of action.

In the event USCIS or Department of State reach the maximum limit of available visas, it is likely they will both 1) cease processing of currently pending Green Card applications as well as 2) refuse to accept any new Green Card until the end of the fiscal year.

For more information, or for a detailed conversation regarding your Green Card or Immigrant Visa process, please schedule a time to speak here.

By: Ryan A. Wilck, Partner and Attorney at Law

Ryan Wilck is a Managing Partner and attorney at Reddy & Neumann, P.C. with over a decade of US immigration law experience, enthusiastic and proactive in his approach assisting clients and their employees through the various phases of the permanent residency a/k/a Green Card process. “Concilio et labore” is not only the motto of Ryan’s favorite sports club but is also his life’s motto; all things come through wisdom and effort. Ryan is passionate about gaining the trust of his clients by utilizing a relentless and detail-oriented approach to understand their specific goals and concerns, hoping to instill a sense of confidence and stability. Whatever your immigration problem or interest, he and his team will find a solution, through wisdom and effort. Reddy & Neumann, P.C. has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on employment-based business immigration. We work with employers and their employees, helping navigate the complex immigration process efficiently and cost-effective.

 We are committed to assisting our clients with navigating the complex PERM Labor Certification (ETA 9089 and other challenging immigration matters as an accomplished immigration law firm in Houston, Texas. Our team is here to offer the direction and support you require, whether you’re a company trying to hire top talent or a foreign worker seeking to develop a career in the United States. To find out more about how we can help you with your immigration issues, get in touch with us right away.