The U.S. Department of State has officially announced that the EB-5 Unreserved immigrant visa category has reached its annual limit for FY 2025. Effective immediately, the category is unavailable for the remainder of the fiscal year, through September 30, 2025.
As a result:
- U.S. embassies and consulates will not issue immigrant visas in the EB-5 Unreserved category during this period.
- U.S. Citizenship and Immigration Services (USCIS) will not approve adjustment of status (AOS) applications under the EB-5 Unreserved category until October 1, 2025.
In its September 2025 Visa Bulletin, the State Department warned of high demand across most employment-based immigrant visa categories. As anticipated, annual numerical limits have now been exhausted for:
- EB-1
- EB-2
- EB-3
- EB-5 Unreserved
This exhaustion results from elevated usage and demand patterns, similar to trends observed in prior years.
What to Expect Moving Forward
- Visa Number Reset: The annual visa quotas will reset on October 1, 2025, the start of Fiscal Year 2026. At that time, consulates and USCIS can resume processing and approving cases in the EB-5 Unreserved category.
- October 2025 Visa Bulletin: The State Department has already released the October Visa Bulletin, which outlines new visa availability for FY 2026. Notably, USCIS will apply the “Dates for Filing” chart for employment-based adjustment of status applications in October.
Guidance for Employers and Foreign Nationals
- Adjustment of Status Filings:
- USCIS will continue to accept AOS filings that are current under the September 2025 Visa Bulletin, except for EB-5 Unreserved.
- EB-5 Unreserved AOS applications may still be filed but will not be adjudicated until visa numbers are available.
- Interviews:
- Foreign nationals with scheduled AOS interviews should plan to attend.
- USCIS officers may proceed with the interview or opt to reschedule due to visa unavailability.
- Even if the interview is conducted, no final approval can be issued until after October 1, 2025, when new visa numbers are allocated.
Employers should:
- Communicate delays to affected foreign national employees.
- Adjust onboarding or mobility plans for impacted EB-5 candidates accordingly.
Foreign Nationals should:
- Monitor upcoming Visa Bulletins for any changes.
- Prepare for potential interview rescheduling or delays in final green card issuance.
- Seek legal guidance if travel, work authorization, or other immigration concerns arise during this waiting period.
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