US Reaches Annual Limit for EB-2 Visas: What It Means Skilled Workers

The U.S. Department of State has announced that all available EB-2 visas for the fiscal year 2024 have been fully issued. This means no more visas under this category will be available until the next fiscal year begins on October 1, 2024.

EB-2 Visa: Annual Quota Exhausted

The EB-2 visa is designed for foreign professionals with advanced degrees or exceptional abilities, such as scientists, engineers, and doctors.

Due to high demand, the Immigration and Nationality Act (INA) sets an annual limit on the number of visas issued in each employment-based category.

The EB-2 category typically receives 28.6% of the total worldwide employment-based visa allocation each year. With the cap now reached for 2024, additional applications under this category will have to wait until the new fiscal year.

Impact on Employers and Foreign Workers

Implications for Employers: The early exhaustion of EB-2 visas means U.S. employers seeking to hire skilled foreign workers through this program will encounter delays.

Companies must now wait until October 2024 to submit new applications for eligible candidates. However, this pause provides an opportunity for employers to refine their applications and prepare thoroughly for the next visa cycle.

Implications for Workers: For foreign professionals aiming for an EB-2 visa, particularly those in specialized fields, the visa process will only resume in the new fiscal year starting October 2024. Until then, applicants must hold off on submitting new applications or advancing current ones.

Also Read: US Visa Bulletin: Significant Delays in EB-3 Green Card Processing

High Demand Across Categories

This announcement follows a similar notice last month regarding the exhaustion of visas for the Employment-Based Third Preference (EB-3), Other Workers (EW), and Employment-Based Fifth Preference (EB-5) categories.

The early depletion of these visa quotas highlights the intense competition and demand for U.S. employment-based immigration options, emphasizing the need for strategic planning and early application submissions.

Understanding the EB-2 Visa

The EB-2 visa targets professionals with advanced degrees or exceptional abilities in fields such as science, business, and the arts, serving as an employment-based immigration category in the U.S.

The EB-2 visa is popular due to relatively quicker processing times compared to other employment-based categories. However, annual limits subject the visa to waiting periods when the caps are met.

Eligibility Criteria

To qualify, applicants must either hold an advanced degree (master’s level or higher) or demonstrate extraordinary talent that significantly surpasses the norm in their field. Also, A U.S. employer must offer a job and prove that no qualified American workers are available for the role.

The EB-2 visa has two sub-categories:

1. Advanced Degree: Requires an advanced degree or its foreign equivalent, plus at least five years of relevant work experience.
2. Exceptional Ability: Applicants must demonstrate exceptional ability in sciences, arts, or business, significantly above the standard, and meet labor certification requirements.

Family Members of EB-2 Visa Holders

Spouses and unmarried children under 21 of EB-2 visa holders can seek admission to the U.S. under E-21 and E-22 immigrant status if immigration authorities approve the primary applicant’s I-140 petition.

Planning Ahead for 2025

With the annual cap reached, both employers and potential applicants should use this time to strategize for the upcoming fiscal year. Early preparation will be crucial in navigating the competitive landscape of U.S. employment-based visas.