EB-2 Visa Limit Reached for FY 2025: Guidance for EB-2 NIW Applicants

The U.S. Department of State, in coordination with U.S. Citizenship and Immigration Services (USCIS), has confirmed that the Employment-Based Second Preference (EB-2) immigrant visa category has reached its annual limit for fiscal year (FY) 2025. This means that no more EB-2 visas will be issued for the remainder of FY 2025. The next allocation of EB-2 visas will become available at the beginning of the new fiscal year on October 1, 2025.

Importantly, this development does not prevent applicants from filing petitions. Individuals may continue to submit EB-2 and National Interest Waiver (NIW) petitions, and USCIS will continue to review and approve such cases even though new visas cannot be issued until the next fiscal year begins.

What Is the EB-2 Category?

The EB-2 category applies to two main groups of applicants: professionals with advanced degrees, and individuals who can demonstrate exceptional ability in their field. A subset of this category, the National Interest Waiver, allows applicants to self-petition if they can demonstrate that their work will benefit the United States on a national level. This option is frequently used by researchers, engineers, physicians, and other highly skilled professionals.

Why The EB-2 Visa Limit Exits

The number of employment-based immigrant visas available each year is set by law under the Immigration and Nationality Act. Approximately 28.6 percent of the worldwide employment-based limit is allocated to the EB-2 category. Once that limit is reached, no additional EB-2 visas may be issued until the next fiscal year begins on October 1.

What This Means for 2025 Applicants

Because the EB-2 visa numbers for FY 2025 have been fully issued, U.S. embassies and consulates abroad will not issue additional EB-2 immigrant visas until October 1, 2025. Adjustment of Status applications filed within the United States will remain pending until new visa numbers are available. Some applicants with consular interviews scheduled later this year may also see their cases postponed until the start of FY 2026.

It is important to emphasize that this situation affects only visa issuance, not petition filings. Applicants may still file EB-2 and NIW petitions at any time. USCIS will continue to adjudicate those petitions, and approved cases will be held until visa numbers are released again in October.

An Illustrative Example

For example, consider a researcher who submits an NIW petition in July 2025. Even if USCIS approves the case several months later, the applicant cannot receive a green card right away if no EB-2 visas are available at that time. However, once the new fiscal year begins on October 1, 2025, and visa numbers are reset, the applicant’s case may proceed. Filing early ensures the case is fully prepared and ready to move forward as soon as visa numbers are available again.

Why This Development Matters

The exhaustion of EB-2 visa numbers highlights an ongoing challenge in the U.S. immigration system. Demand for EB-2 visas consistently exceeds the supply established decades ago by statute. As a result, the EB-2 category frequently reaches its limit before the fiscal year concludes. This recurring situation underscores the importance of preparing cases early, filing in advance, and considering the flexibility of the NIW pathway. It also illustrates a broader policy issue: whether employment-based immigrant visa numbers should be updated to reflect current economic and labor market needs.

Historical Context

The current development is not unusual. EB-2 visa numbers have reached their annual limits in prior years as well, and this pattern is likely to continue. Each year, new visa numbers are made available on October 1, the start of the fiscal year. Applicants who file petitions in advance and maintain documentarily complete cases are best positioned to move forward once new numbers are issued.

Preparing for the Next Fiscal Year

Applicants should not delay preparing their cases until visa numbers are available again. Filing now ensures that the petition is adjudicated by USCIS and ready to proceed when the new allocation opens on October 1, 2025. This includes gathering educational records, recommendation letters, evidence of national impact, and other supporting documents. Applicants should also monitor the Department of State’s Visa Bulletin for updates on immigrant visa availability. For those facing urgent circumstances, exploring alternatives such as the EB-1 category or temporary work visas may also be advisable.

Conclusion

Although the EB-2 visa limit for FY 2025 has been reached, applicants may continue to file petitions throughout the year. This is a recurring, predictable part of the immigration system, as new visa numbers become available every October. Beginning on October 1, 2025, EB-2 immigrant visas will once again be issued to qualified applicants. Those who prepare and file their cases now will be ready to move forward without unnecessary delay.

If you are considering an EB-2 or NIW petition, this is the right time to prepare. MCC Immigration provides free evaluations to help determine eligibility and develop a strong strategy. Contact us today to ensure your application is ready when visa numbers reopen in October.