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US EB-2 visa limit for FY 2024 reached: State Dept

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

The EB-2 visa is designated for foreign professionals with advanced degrees or exceptional abilities. / USCIS

The U.S. Department of State announced on Sep.9 that all available Employment-Based Second Preference (EB-2) visas for fiscal year 2024 have been issued. No additional visas under this category will be granted until the new fiscal year begins on Oct.1, 2024.

The EB-2 visa is designated for foreign professionals with advanced degrees or exceptional abilities, including scientists, engineers, and doctors. Due to high demand, the Immigration and Nationality Act (INA) places an annual cap on the number of visas issued in each employment-based category. 

The EB-2 category receives 28.6 percent of the total worldwide employment-based visa allotment annually, a limit that has now been reached for fiscal year 2024.

Impact on Employers

For U.S. companies seeking to hire skilled foreign workers through the EB-2 program, this development means that the visa process is temporarily paused. Employers will need to wait until Oct.1, when the fiscal year 2025 begins, to submit or continue visa applications for their candidates. This gap offers employers the opportunity to prepare applications and ensure readiness when the next visa window opens.

Impact on Workers

Similarly, foreign workers pursuing EB-2 visas, particularly those in specialized fields, will have to wait until the new fiscal year to continue or initiate their applications. This pause comes on the heels of the Department of State's announcement last month that all visas for the Employment-Based Third Preference (EB-3), Other Workers (EW), and Employment-Based Fifth Preference (EB-5) categories had also been fully allocated for this fiscal year.

About the EB-2 Visa

The EB-2 visa is reserved for foreign professionals with either an advanced degree (master’s or higher) or individuals with exceptional abilities in fields such as science, business, or the arts. To qualify, applicants must have a job offer from a U.S. employer that demonstrates no qualified American workers are available for the position. 

The EB-2 visa is highly sought after due to its relatively quicker processing times compared to other employment-based categories. However, it is still subject to an annual cap, which has now been reached for FY 2024. 

As of Nov.2, 2023, USCIS reported 419,392 individuals as principals in the employment-based second preference (EB-2) category. The National Foundation for American Policy (NFAP) estimates an additional 419,392 dependents, bringing the total number of Indians in the EB-2 backlog to 838,784. 


 

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