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No More Green Cards: End of Year Visa Predictions

In this video, attorney Jacob Sapochnick explains why immigrant visa numbers are no longer available for certain visa categories for the rest of fiscal year 2025, as the annual limit on visa issuances has already been reached, well before the fiscal year’s end on September 30.

This news affects workers awaiting green card approval, employers navigating sponsorship timelines, and helps green card applicants manage their expectations.

In this blog post, we’ll break down what this means, why it happened, and what those affected can expect moving forward as the immigration system resets on October 1st for the next fiscal year.


What is visa number management in immigration?


First, let’s discuss visa number management in immigration.

This refers to the process by which the U.S. government tracks and allocates the limited number of immigrant visa numbers available each fiscal year. These numbers are divided across various categories, including family-based and employment-based immigration, and are subject to annual limits on visa issuance set by Congress.

Why are there annual limits on visas?


Proper visa number management ensures that the limited supply of visas is distributed fairly and efficiently among the various visa categories and countries each year. It also helps the government plan and monitor immigration flows, while giving applicants and employers a clearer picture of potential wait times and availability.

Who manages visa issuance?


The U.S. Department of State, in coordination with U.S. Citizenship and Immigration Services (USCIS), is responsible for issuing annual visa numbers. Each month, the State Department publishes the Visa Bulletin, which outlines visa number availability and priority date cutoffs, helping applicants determine when they may proceed with their green card applications.

Since the demand for visas significantly exceeds the annual supply, the State Department imposes “cutoff dates” where individuals must wait in line for a visa. Typically, the majority of visa categories reach their limits by the summer months. When this occurs, no additional visas can be issued until the start of the new fiscal year on October 1st.

What is a priority date?


A priority date is the date that U.S. Citizenship and Immigration Services (USCIS) received your I-130 immigrant petition for alien relative, or I-140 immigrant petition for alien worker. For employment-based cases, where a labor certification application is required, the priority date is the date on which the labor certification was received by the Department of Labor.

Essentially, a priority date determines a person’s place in line in the immigrant visa queue because there are a limited number of green cards available in a given year. The limited number of visas is also referred to as an annual numerical limitation or “visa cap,” set by the U.S. Congress.

A priority date is critically important because it determines when you can apply for your green card (if you are in the U.S.), or your immigrant visa at a consulate overseas.

Please note that immediate relatives of U.S. Citizens do not need to wait in line for an immigrant visa or green card, since they are not subject to annual numerical limitations. Immediate relatives include spouses, unmarried children under the age of 21, and parents of U.S. Citizens only.

All others are subject to annual numerical limits set by the U.S. Congress, including all employment-based green card categories.


The Visa Bulletin’s Role


The Visa Bulletin plays a crucial role in the U.S. immigration system by helping to manage the limited supply of immigrant visa numbers. Its primary function is to compare the number of documentarily qualified cases—applicants who have submitted all required forms and supporting documents—with the number of available visa numbers under each category and country cap.

Once a case is documentarily complete and the applicant’s priority date becomes current on the Visa Bulletin, the National Visa Center (NVC) will forward the applicant’s case to the U.S. Embassy overseas for interview scheduling.

Oversubscribed Categories


Demand for immigrant visas fluctuates throughout the years across different visa categories.

For instance, certain visa categories are “oversubscribed” in which the number of applicants exceeds the number of visas available in a given fiscal year, based on the annual limits set by U.S. immigration law. When this happens, a backlog forms, and applicants in these categories must wait—sometimes for years—until a visa number becomes available.

Visa categories that are commonly oversubscribed include F-2A Spouses and Children of Permanent Residents, F-4 Brothers and Sisters of Adult U.S. Citizens, EB-2 Members of the Professions and Aliens of Exceptional Ability, EB-3 Professionals and Skilled Workers and Other Workers, and EB-4 Religious Workers.

When there is a sudden surge in demand for a particular category, it may retrogress or move backward in the Visa Bulletin, delaying eligibility for applicants who were previously able—or about to be able—to move forward with their green card process.

This is why it’s so important to check the Visa Bulletin regularly. Because visa availability can shift from month to month—sometimes progressing, other times retrogressing.


End of Year Challenges


Fiscal year 2025 will officially end in less than 2 months on September 30, 2025. As the year comes to an end, visas will be exhausted for oversubscribed categories, while other categories may retrogress such as EB-2 National Interest Waiver.

For these categories, applicants must wait until the new fiscal year begins on October 1st for the State Department to allocate visa numbers for the new year.

Applicants should be aware that if annual visa numbers are exhausted for their category, they will not be issued a visa even if they attend the visa interview. However, they are still required to appear for the interview as scheduled to receive priority once a visa number becomes available.

Once a visa number becomes available, applicants will receive an immigrant visa to travel to the United States that is generally valid for six months from the date of issuance. The visa must be used to enter the U.S. before its expiration date. After entering the United States with the immigrant visa, the U.S. Department of Homeland Security will send the green card by mail.


Conclusion


With visa numbers running out before the end of the fiscal year, many green card applicants will need to wait until October 1 for new numbers to be available. It’s important to stay on top of your priority date and the Visa Bulletin so you know what to expect. Remember to always attend your scheduled interview, even if a visa is not yet available. While delays are frustrating, things reset soon—so be ready when your turn comes.


Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.


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