The U.S. Department of State announced on September 9, 2024, that all available Employment-Based Second Preference (EB-2) visas for the fiscal year 2024 have been issued. This means no further visas in this category will be granted until the new fiscal year begins on October 1, 2024.
The EB-2 visa is designed for foreign professionals with advanced degrees or individuals with exceptional abilities, such as scientists, engineers, and doctors. Due to the high demand for these visas, the Immigration and Nationality Act (INA) imposes an annual cap on the number of visas that can be issued in each employment-based category.
According to the Department of State, the EB-2 category is allocated 28.6 percent of the total worldwide employment-based visa allotment each year. For fiscal year 2024, that limit has now been reached.
Effect on U.S. Employers
This development has direct implications for U.S. employers seeking to hire foreign professionals through the EB-2 program. With the visa process temporarily halted until the start of fiscal year 2025 on October 1, companies will need to wait before they can submit or proceed with applications for their prospective employees.
However, the gap in the process offers employers the opportunity to prepare applications in advance and ensure that they are fully ready when the new visa window opens in October. This could streamline the application process and increase the likelihood of success once the fiscal year 2025 allotment becomes available.
Impact on Foreign Workers
Foreign professionals seeking EB-2 visas are also affected by this pause. These skilled workers, particularly those in specialized fields, will have to delay their plans to apply or continue their visa applications until the new fiscal year.
This situation comes shortly after the Department of State’s announcement in August 2024 that the visas for other categories—Employment-Based Third Preference (EB-3), Other Workers (EW), and Employment-Based Fifth Preference (EB-5)—had similarly reached their limits for fiscal year 2024. This marks a period of increased visa shortages across multiple employment-based categories, which is particularly challenging for foreign workers and their U.S. employers.
Understanding the EB-2 Visa
The EB-2 visa is reserved for foreign professionals who either hold an advanced degree, such as a master’s degree or higher, or possess exceptional abilities in areas like science, business, or the arts. To qualify for the EB-2, applicants must have a job offer from a U.S. employer who can demonstrate that there are no qualified American workers available for the position.
One of the key reasons the EB-2 visa is so sought after is its relatively faster processing time compared to other employment-based categories. Although the process is more efficient, it still faces limitations due to the annual cap on the number of visas that can be issued.
As of November 2, 2023, U.S. Citizenship and Immigration Services (USCIS) reported that 419,392 individuals were principals in the employment-based second preference (EB-2) category. The National Foundation for American Policy (NFAP) estimates that an additional 419,392 dependents are also in line, bringing the total backlog of Indians waiting for an EB-2 visa to 838,784.
Despite the appeal of the EB-2 visa’s relatively faster processing times, the backlog highlights the scale of the demand, especially from Indian nationals. Many workers and their families are waiting years for a chance to secure their visa under the EB-2 category. The current cap for fiscal year 2024 having been met only emphasizes the existing challenges in the immigration process for high-skilled workers.
Waiting for October 1, 2024
For both employers and workers, the wait for October 1, 2024, when the new fiscal year begins, will feel like a critical pause. Employers will use this time to prepare applications and solidify their strategies, while workers will be ready to resume or begin the visa process when the new allotment becomes available.
The temporary suspension on issuing new EB-2 visas serves as a reminder of the ongoing immigration challenges facing both U.S. businesses and the highly skilled professionals they aim to hire. As demand continues to outstrip supply, the U.S. government will be under pressure to explore policy adjustments that can better accommodate the needs of its economy and workforce.
The exhaustion of EB-2 visas for fiscal year 2024 has created a temporary halt in the process for U.S. employers and foreign professionals alike. The upcoming fiscal year, starting on October 1, 2024, will offer a fresh opportunity for both parties to resume the application process. However, the increasing backlog, particularly for Indian nationals, underscores the broader issues facing the U.S. immigration system.
