DOS: Annual Limits Reached in EB-3, EW and EB-5 Unreserved Categories

DOS, Aug. 16, 2024 - "The State Department, working in close collaboration with U.S. Citizenship and Immigration Services, is pleased to announce the issuance of all legally available visas in the Employment-Based Third Preference (EB-3) and Other Workers (EW) categories for fiscal year (FY) 2024. Maximizing these visas facilitates legitimate travel for essential workers across many industries that greatly benefit the U.S. economy, particularly in our healthcare sector. The Immigration and Nationality Act (INA) limits the number of employment-based preference immigrant visas that may be issued within a fiscal year. Specifically, INA 203(b)(3) provides that the annual limit for EB-3 visas is 28.6 percent of the worldwide employment limit, of which not more than 10,000 may be made available in the EW category. Since all available EB-3 and EW visas for FY 2024 have been used, embassies and consulates may not issue visas in these categories for the remainder of the fiscal year. The annual limits will reset with the start of the new fiscal year (FY 2025) on October 1, 2024. At that point, embassies and consulates may resume issuing immigrant visas in these categories to qualified applicants."

DOS, Aug. 16, 2024 - "The State Department, working in close collaboration with U.S. Citizenship and Immigration Services, is pleased to announce the issuance of all legally available visas in the Employment-Based Fifth Preference (EB-5) unreserved category for fiscal year (FY) 2024.  Maximizing these visas facilitates legitimate travel for investors who establish commercial enterprises that create employment opportunities throughout the United States. The Immigration and Nationality Act (INA) limits the number of employment-based preference immigrant visas that may be issued within a fiscal year.  Specifically, INA 203(b)(5) provides that the annual limit for EB-5 visas is 7.1 percent of the worldwide employment limit, of which 68 percent is available for unreserved visa categories (C5, T5, I5, R5, RU, NU).  Additionally, the EB-5 Reform and Integrity Act of 2022 specifies that unused EB-5 reserved visas from FY 2022 may be made available in the EB-5 unreserved categories for FY 2024. Since all available EB-5 unreserved visas for FY 2024 have been used, embassies and consulates may not issue visas in these categories for the remainder of the fiscal year.  The annual limits will reset with the start of the new fiscal year (FY 2025), on October 1, 2024.  At that point, embassies and consulates may resume issuing immigrant visas in these categories to qualified applicants."