After the US State Department along with US Citizenship and Immigration Services (USCIS) announced last week that they had stopped issuing EB-2 Green Cards for the remainder of fiscal year 2025, they have now also confirmed that the Employment-Based First Preference (EB-1) category has also reached its annual limit.
The US State Department, in coordination with US Citizenship and Immigration Services (USCIS), has confirmed that the Employment-Based First Preference (EB-1) category has also reached its visa cap for fiscal year 2025.
As all available EB-1 visas have been issued, embassies and consulates will not issue further visas in this category until the new fiscal year begins on October 1, 2025.
Under the Immigration and Nationality Act (INA), the EB-1 category accounts for 28.6% of the worldwide employment-based immigrant visa limit.
Understanding the EB-1 category
The US employment-based green card system is divided into several preference categories to ensure visas are distributed among skilled workers, professionals, and investors. The first category, known as EB-1 or Priority Workers, receives 28.6% of the worldwide employment-based visa quota.
This category is reserved for individuals with extraordinary ability in their field, such as science, arts, education, business, or athletics. It also covers outstanding professors and researchers, as well as certain multinational executives and managers.
If the visas allocated to the fourth and fifth preference categories remain unused, they are added to the EB-1 pool, making it a highly sought-after route for top-level professionals seeking permanent residency in the US.
What the EB-1 cap means for Indian applicants
Indian professionals in EB-1 face further delays in obtaining priority dates. With the EB-1 category officially unavailable until the next fiscal year, no new applications can be processed, even if priority dates fall within the cut-off. Only when the new fiscal year begins, will the category reopen for qualified applicants, i.e., from October 1, 2025.
India faces some of the longest waits for employment-based green cards. The September 2025 Visa Bulletin shows no movement in final priority dates for Indian applicants, highlighting years of backlog and limited visa availability. The final action date for EB-1 applicants from India remains at February 15, 2022, meaning only applicants with priority dates before that can proceed.
Although EB-5 investor-category applicants from India saw encouraging progress in August 2025, with final action dates advancing by months, those in employment based categories did not benefit from these changes.
The US State Department, in coordination with US Citizenship and Immigration Services (USCIS), has confirmed that the Employment-Based First Preference (EB-1) category has also reached its visa cap for fiscal year 2025.
As all available EB-1 visas have been issued, embassies and consulates will not issue further visas in this category until the new fiscal year begins on October 1, 2025.
Under the Immigration and Nationality Act (INA), the EB-1 category accounts for 28.6% of the worldwide employment-based immigrant visa limit.
Understanding the EB-1 category
The US employment-based green card system is divided into several preference categories to ensure visas are distributed among skilled workers, professionals, and investors. The first category, known as EB-1 or Priority Workers, receives 28.6% of the worldwide employment-based visa quota.
This category is reserved for individuals with extraordinary ability in their field, such as science, arts, education, business, or athletics. It also covers outstanding professors and researchers, as well as certain multinational executives and managers.
If the visas allocated to the fourth and fifth preference categories remain unused, they are added to the EB-1 pool, making it a highly sought-after route for top-level professionals seeking permanent residency in the US.
What the EB-1 cap means for Indian applicants
Indian professionals in EB-1 face further delays in obtaining priority dates. With the EB-1 category officially unavailable until the next fiscal year, no new applications can be processed, even if priority dates fall within the cut-off. Only when the new fiscal year begins, will the category reopen for qualified applicants, i.e., from October 1, 2025.
India faces some of the longest waits for employment-based green cards. The September 2025 Visa Bulletin shows no movement in final priority dates for Indian applicants, highlighting years of backlog and limited visa availability. The final action date for EB-1 applicants from India remains at February 15, 2022, meaning only applicants with priority dates before that can proceed.
Although EB-5 investor-category applicants from India saw encouraging progress in August 2025, with final action dates advancing by months, those in employment based categories did not benefit from these changes.
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