US EB-3 visa reaches annual cap: impacts and strategic solutions

However, in the current context of surging global labour demand and prolonged case backlogs, this development still significantly affects the settlement, recruitment, and investment plans of many individuals and businesses.

Understanding the causes, implications, and available pathways will help applicants prepare strategically for when the EB-3 category reopens in the new fiscal year.

What is the EB-3 visa and who qualifies?

The EB-3 immigrant visa is an employment-based category designed for skilled workers, professionals, and other workers (unskilled labour) who have received a lawful job offer from a US employer.

It provides foreigners the opportunity to live and work permanently in the United States, while helping US businesses alleviate chronic labour shortages across multiple industries.

Each year, the US allocates approximately 140,000 employment-based immigrant visas, with EB-3 representing a share of this total.

Under the Immigration and Nationality Act (INA), no single country can receive more than 7 per cent of the worldwide quota.

Once the category reaches its annual cap, remaining petitions must roll over to the next fiscal year, which begins on October 1.

According to the US Department of State (DOS), all available visa numbers under both EB-3 and its 'Other Workers' (EW) sub-category have been used up for fiscal year 2025.

The US fiscal year (FY2025) runs from October 1, 2024, through September 30, 2025.

Legally, in light of INA, EB-3 visas account for roughly 28.6 per cent of all employment-based immigrant visas issued globally each year.

Within that allocation, EW are further limited to no more than 10,000 visas annually.

Starting mid-September 2025, new EB-3 visas can no longer be issued. Pending applications awaiting interview or final adjudication (Form I-485, Adjustment of Status) will be temporarily paused until the new fiscal year begins.

At US consulates abroad, cases already documentarily qualified will have interviews postponed, whereas within the US, applicants may still file Form I-485 if eligible, but Green Cards will not be issued until visa numbers reopen.

What happens when the new fiscal year begins?

Starting October 1, a new set of EB-3 visa numbers will be released. Paused cases will resume processing, and consulates will begin scheduling interviews again.

The October 2025 Visa Bulletin is expected to reopen EB-3; however, the priority dates may not advance rapidly due to significant backlogs. Applicants should closely monitor the monthly Visa Bulletin for updates.

Ongoing backlog pressures may persist due to several reasons, including high application volumes, slow adjudication times, or the unchanged 7 per cent per-country cap

Options for applicants awaiting EB-3:

*Maintain validity: keep your approved I-140 petition active and avoid unnecessary withdrawals or changes;

*File I-485 when eligible: applicants lawfully in the US should submit Adjustment of Status applications as soon as their priority date becomes current, allowing them to receive temporary work and travel permits (EAD/AP).

*Explore alternative visa routes: depending on qualifications, consider EB-5 (investment), family-based petitions, H-1B, L-1, or O-1 visas to maintain lawful status while awaiting EB-3 availability.

Strategic guidance for investors and EB-3 candidates

1.Prepare early for the new fiscal year.

Applicants should complete all documentation and employer requirements in advance, ensuring full eligibility once the new quota opens, thereby gaining a processing advantage.

2.Mitigate risks through professional consultation.

Given the fast-shifting visa policies and US labour market conditions, applicants are advised to consult experienced immigration professionals or attend specialised seminars to gain updated insights and identify the most suitable strategies.

Citizen Pathway is one of Vietnam's leading immigration consultations, specialising in US employment-based immigration, particularly the EB-3 programme.

With over 12 years of practical experience, Citizen Pathway has successfully guided hundreds of families through the EB-3 process, helping clients secure lawful employment sponsorships, permanent Green Cards, and stable lives in the United States.

The exhaustion of EB-3 visa numbers marks a temporary pause, not an end, to this popular pathway towards US permanent residency.

For those prepared and properly advised, the start of the new fiscal year brings renewed opportunity.

By partnering with trusted professionals like Citizen Pathway, Vietnamese applicants can navigate the complexities of US immigration confidently and position themselves for success when the EB-3 window reopens.

Contact information: CITIZEN PATHWAY CO., LTD

Head Office: 9th Floor, Waterfront Building, No.1 Ton Duc Thang Street, Saigon Ward, Ho Chi Minh City Hanoi Office: 7th Floor, Pacific Place, 83B Ly Thuong Kiet Street, Cua Nam Ward, Hanoi Hotline: +84 935 924 888 Website: https://citizenpathway.org/ Social Media: Facebook: https://www.facebook.com/citizenpathway.org/ Youtube: https://www.youtube.com/@citizenpathway/ Vietnam rolls out visa-free travel for select European nations

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