The U.S. State Department has announced that all available visas for the Employment-Based Third Preference (EB-3), Other Workers (EW), and Employment-Based Fifth Preference (EB-5) categories have already been issued for Fiscal Year 2024.
If you’re an employer or worker in one of these categories, here’s what you need to know about the situation and how to plan for the next fiscal year.
What Are the EB-3 and EW Visa Categories?
The EB-3 visa is a type of immigrant visa that allows U.S. employers to sponsor foreign workers for permanent residence. It is divided into three subcategories:
- Skilled Workers – Jobs requiring at least two years of experience or training.
- Professionals – Jobs requiring at least a U.S. bachelor’s degree or its foreign equivalent.
- Other Workers (Unskilled Workers) – Jobs requiring less than two years of experience or training.
The Other Workers (EW) category refers to unskilled workers who fill jobs in industries that face labor shortages, such as healthcare and agriculture. These visas are crucial for U.S. industries that rely on foreign talent to fill gaps where there are not enough domestic workers.
EB-5 Visa and Immigration Opportunities for Investors
The EB-5 visa allows foreign investors to obtain a green card by investing a specified amount in a U.S. business that creates or preserves at least 10 full-time jobs for U.S. workers. The EB-5 category also reached its annual cap for FY 2024, meaning no further visas will be issued in this category until the new fiscal year begins.
Why Have All These Visas Been Issued?
Each year, the Immigration and Nationality Act (INA) limits the number of employment-based visas that can be issued. Specifically, it allocates 28.6% of the total employment-based visa limit to the EB-3 category, with a cap of 10,000 visas for the Other Workers (EW) subcategory. Additionally, the EB-5 visa category is allocated 7.1% of the total number of employment-based visas.
For FY 2024, these annual visa limits have already been reached. This means that U.S. embassies and consulates will not be able to process any more visa applications for the EB-3, EW, and EB-5 categories until October 1, 2024, when the new fiscal year begins and the visa quotas reset.
What Does This Mean for Employers and Workers?
The early exhaustion of the EB-3 and EW visas highlights the strong demand for these employment-based visas, especially as U.S. businesses rely on foreign workers to fill essential positions. Employers planning to hire foreign workers should be aware of the timing limitations and work with their immigration lawyers to stay ahead of the process.
For both workers and employers, understanding the visa cap and deadlines is crucial for planning. Workers who are in the process of applying or hoping to apply soon should stay in touch with their employers and immigration experts to ensure they are ready to continue their applications once the new fiscal year begins.
What Happens Next?
The start of FY 2025 is just around the corner, beginning on October 1, 2024. This is when the annual limits for these visa categories will reset, and U.S. embassies and consulates will resume processing applications for EB-3, EW, and EB-5 visas.
Employers and workers should be prepared to act quickly once the new fiscal year begins to avoid delays and ensure the timely processing of applications.
Other Employment-Based Visa Categories to Consider:
While EB-3 and EB-5 visas have already reached their annual limits, other employment-based visa categories remain available. These include:
- EB-1 Visa (for individuals with extraordinary abilities in their field)
- EB-2 Visa (for professionals with advanced degrees or exceptional abilities)
- EB-4 Visa (for special immigrants, such as religious workers and employees of international organizations)
- E-2 Visa (for nonimmigrant investors planning to manage or develop a business in the U.S.)
If you’re considering these options or need help navigating the U.S. visa process, Law and Visas can help you understand the best path for your immigration needs and ensure that your application is submitted correctly and on time.
