In a recent development, the U.S. Department of State, in conjunction with the U.S. Citizenship and Immigration Services (USCIS), has announced that all legally available visas in the Employment-Based Third Preference (EB-3) and Other Workers (EW) categories have been issued for the fiscal year (FY) 2024. This marks a significant moment for the U.S. immigration system, as these categories are now unavailable until the start of the new fiscal year.
Under the Immigration and Nationality Act (INA), there are strict limits on the number of employment-based preference immigrant visas that can be issued each fiscal year. Specifically, INA 203(b)(3) stipulates that the EB-3 category is allocated 28.6% of the worldwide employment-based visa limit. Within this category, no more than 10,000 visas can be issued under the EW subcategory designated “Other Workers.”
Due to these limitations, the issuance of visas in the EB-3 and EW categories is closely monitored throughout the year. Once the annual cap is reached, no further visas can be issued in these categories until the start of the new fiscal year.
With the exhaustion of EB-3 and EW visas for FY 2024, applicants hoping to secure their visas this fiscal year will now need to wait until October 1, 2024, when the new fiscal year begins. The annual limits will reset at that time, and U.S. embassies and consulates will resume issuing visas in these categories.
This development underscores the importance of timely visa applications and the impact of the INA’s annual limits on the immigration process.
As the new fiscal year approaches, the petitioners are required to stay informed about the latest updates regarding the availability of EB-3 and EW visa categories and ensure that all necessary documentation is ready to avoid further delays once visa issuance resumes.
The upcoming reset of the visa limits in FY 2025 will provide new opportunities for qualified applicants to obtain EB-3 and EW visas. Employers and applicants alike should prepare for this reset by reviewing their immigration strategies and ensuring that all eligibility requirements are met.
