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EB-2 Immigrant Visas Reached Annual Cap; Issuance Paused Until October 1

 

On September 2, 2025, the U.S. Department of State announced that all immigrant visas in the Employment-Based Second Preference (EB-2) category for Fiscal Year (FY) 2025 have been issued. As a result, U.S. embassies and consulates cannot issue additional EB-2 visas until the start of FY 2026 on October 1, 2025. At the start of the new fiscal year on October 1, 2025, new visa numbers will become available, and processing will resume for qualified applicants. The Department of State is expected to publish the Visa Bulletin for October 2025 in mid-September.

The Immigration and Nationality Act (INA) sets annual limits on immigrant visa numbers, and the EB-2 category is allocated 28.6% of the worldwide employment-based limit each year plus any unused numbers from EB-1. Once that allocation is reached, no additional EB-2 visas may be issued until the next fiscal year.

This exhaustion of visa numbers has immediate consequences for applicants. For those pursuing consular processing, EB-2 visa issuance is paused worldwide until October 1, 2025. Applicants in the United States pursuing adjustment of status may continue to file and advance their cases if eligible, but final approvals will be held until new visa numbers become available.

This development reflects statutory limits, not a change in immigration policy. While EB-2 visa issuance will resume with the start of the new fiscal year on October 1, 2025, applicants should plan accordingly and consult with counsel.

The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

© 2025 Klasko Immigration Law Partners, LLP. All rights reserved. Information may not be reproduced, displayed, modified, or distributed without the express prior written permission of Klasko Immigration Law Partners, LLP. For permission, contact info@klaskolaw.com.

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