The Department of State has confirmed that the annual limit for the EB-1 immigrant visa category has been reached for FY2024. Accordingly, no immigrant visas or green cards will be issued for the remainder of the fiscal year, which ends on September 30, 2024. However, USCIS will continue to accept EB-1 Adjustment of Status applications which are listed as current in the visa bulletin for September. Although Adjustment of Status filings based on the EB-1 category may continue to be accepted by USCIS, these filings cannot be approved until a visa number becomes available.

As reported in the DOS Liaison Committee’s September Visa Bulletin Briefing, DOS warned that due to high demand for visa numbers in the employment-based categories, it might be necessary “to immediately make [a] preference category ‘unavailable,’ and no further requests for numbers would be honored.” Based on this warning, it is possible that other employment-based categories may also become unavailable in the near future. The Department of State anticipates that Final Action dates will advance at the start of the new fiscal year on October 1, 2024 but date movements will depend on immigrant visa demand.

WHAT SHOULD EMPLOYERS AND FOREIGN NATIONALS EXPECT?  

Employers are advised to continue submitting eligible Adjustment of Status filings in September. However, if the underlying category is unavailable, the application will not be decided on until a visa number becomes available. Foreign nationals are also advised to attend any scheduled Adjustment of Status interviews though the interview may ultimately be rescheduled and cannot result in an approval until visa numbers are available.

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