EB-3, EW and EB-5 Visas Reach Annual Limit for FY 2024

EB-3, EW and EB-5

The U.S. Department of State, working in close collaboration with the U.S. Citizenship and Immigration Services, has announced that the annual limits for Employment-Based Third Preference (EB-3), Other Workers (EW), and Employment-Based Fifth Preference (EB-5) unreserved visas have been reached for the fiscal year 2024.

As a result, this development means that no new visas will be issued in these categories for the remainder of the fiscal year, which ends on September 30, 2024. U.S. embassies and consulates will cease issuing visas in these categories immediately, and USCIS will not approve any further adjustment of status applications under these categories until the new fiscal year begins on October 1st.

Key Takeaways:

  1. The issuance of all legally available visas in the EB-3 and Other Workers (EW) categories for FY 2024 has been completed.
  2. The Immigration and Nationality Act (INA) limits the number of EB-3 and EW visas to 28.6% of the worldwide employment limit, of which not more than 10,000 may be made available in the EW category.
  3. The annual limit for the Employment-Based Fifth Preference (EB-5) visa has also been reached.
  4. Applications already in process will continue to be processed, but final action cannot be taken until a visa number becomes available in the next fiscal year.
  5. The annual limits for these visa categories will reset on October 1, 2024, when the new fiscal year begins.
  6. Since all available EB-3, EW and EB-5 visas for FY 2024 have been used, embassies and consulates may not issue visas in these categories for the remainder of the fiscal year.

Looking Ahead:

While this news may be disappointing for those hoping to immigrate to the U.S. through these visa categories this year, it’s important to remember that the annual limits will reset on October 1, 2024.  Individuals who are eligible should prepare their applications in advance and be ready to file as soon as the new fiscal year begins.

This development underscores the importance of staying informed about changes in U.S. immigration policies and consulting with an experienced immigration attorney for guidance and support throughout the application process.

Stay tuned to our news section for further updates on U.S. immigration news and policy changes.

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