For individuals who have secured an O-1 visa based on their extraordinary ability, the next logical step often involves pursuing permanent residency. The most common and direct path for many is the EB-1A green card, which offers a streamlined route to permanent residency without the need for a lengthy labor certification process.
However, a significant development at the end of Fiscal Year (FY) 2025 has created a temporary but impactful roadblock for many applicants. The U.S. government has announced that the annual limit for the EB-1 immigrant visa category has been reached, causing a temporary halt in approvals.
What Happened to the EB-1 Visa Numbers?
The U.S. Department of State and U.S. Citizenship and Immigration Services (USCIS) have confirmed that the annual cap for the EB-1 immigrant visa category has been met for FY 2025. As a result, the category is now “unavailable” and will remain so through the end of the fiscal year on September 30, 2025.
This is not a new or isolated event. The U.S. government allocates a limited number of immigrant visas each fiscal year. When the demand from qualified applicants exceeds the available supply, the category “retrogresses,” meaning that visas can no longer be issued until new numbers become available.
The Direct Impact on O-1 Visa Holders
This news directly affects O-1 visa holders who have filed or are planning to file for an EB-1A green card.
- Final Adjudication is Paused: While you can still file your EB-1A petition and a subsequent Adjustment of Status application (if your priority date is current), USCIS cannot issue a final approval or “adjudicate” your case until a visa number is available.
- No New Visas Issued: U.S. consulates abroad cannot issue EB-1 immigrant visas, and USCIS cannot approve Adjustment of Status applications for anyone in the EB-1 category for the rest of September.
- Temporary but Significant Delay: Your application will essentially be on hold. This can be a source of frustration, especially for those who have a pending I-485 application and are nearing the final stage of their journey to a green card.
What This Means for Your Strategy
While this news may be disappointing, it does not mean your path to a green card is over. The visa numbers will reset with the start of the new fiscal year.
- Anticipate the October 1st Reset: The annual visa cap will reset on October 1, 2025, at which point a new batch of visa numbers will become available. USCIS and consulates will then be able to resume approvals and visa issuance.
- Continue to Prepare: If you have not yet filed your EB-1A petition, use this temporary pause to your advantage. Work with your attorney to meticulously compile your evidence and strengthen your case to ensure you are ready to file as soon as the new fiscal year begins.
- Stay Informed: It is crucial to monitor the monthly Visa Bulletin published by the U.S. Department of State. This bulletin provides the most up-to-date information on visa availability and priority dates.
The EB-1A is a highly sought-after category for a reason, and its popularity can lead to these moments of high demand. While the current situation is a temporary setback, a strategic and proactive approach is your best tool for navigating the U.S. immigration system.
Navigating visa availability and priority dates can be complex and confusing. We can connect you with licensed immigration attorneys who specialize in the EB-1A green card process and can help you strategize the best course of action to ensure your case is ready to be approved as soon as visa numbers become available.
Sources:
- U.S. Department of State: Official announcements on the status of employment-based visa categories and the monthly Visa Bulletin.
- U.S. Citizenship and Immigration Services (USCIS): Official guidance on the processing of adjustment of status applications in oversubscribed categories.
- Fragomen, Del Rey, Bernsen & Loewy LLP: Immigration law firm analysis on the EB-1 quota being reached.
