Following last week’s announcement that EB-2 visas had reached their cap for fiscal year 2025, the U.S. Department of State (DOS), in coordination with U.S. Citizenship and Immigration Services (USCIS), has now confirmed that the Employment-Based First Preference (EB-1) category is also unavailable until the new fiscal year begins on October 1, 2025.
This means that for the remainder of fiscal year 2025, U.S. embassies and consulates will not issue EB-1 visas. Once the new fiscal year opens, the quota will reset, and processing for eligible applicants can resume.
What is the EB-1 Category?
The EB-1—often called the “Priority Workers” category—is designed for individuals at the top of their fields. It includes:
- Professionals with extraordinary ability in sciences, arts, education, business, or athletics
- Outstanding professors and researchers
- Certain multinational executives and managers
Under the Immigration and Nationality Act (INA), EB-1 receives 28.6% of the worldwide employment-based green card allocation. Any unused visas from other categories, such as EB-4 and EB-5, may flow into EB-1, making it one of the most competitive options for employment-based immigration.
Impact on Indian Applicants
For Indian professionals, the freeze presents added delays. According to the September 2025 Visa Bulletin, the final action date for EB-1 applicants from India remains at February 15, 2022. This means that no new applications can be finalized until the new quota year begins in October.
India continues to face some of the longest backlogs across employment-based categories. While EB-5 investors from India saw progress this summer, EB-1 and EB-2 applicants are still navigating years of limited visa availability.
What This Means Going Forward
Although the EB-1 cap has been reached, this is a temporary pause, not a permanent closure. Applicants who already have priority dates within the cut-off should prepare their cases so they are ready to move forward once the new fiscal year begins.
At Zhang-Louie PLLC, we work closely with professionals, researchers, and executives worldwide to navigate the complexities of employment-based immigration. With shifting visa availability and backlogs, timing and preparation are critical, and we help ensure that clients are positioned to move quickly when new visa numbers open.
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