US Hits Annual Cap on EB-2 Visas: Implications for Skilled Laborers

The U.S. Department of State has declared that there are no more EB-2 visas available for the 2024 fiscal year. This implies that until October 1, 2024, no more visas will be issued under this category. The announcement affects employers and potential employees who want to immigrate to the United States under the EB-2 program significantly.

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

EB-2 Visa: Annual Quota Exhausted

For foreign professionals with advanced degrees or extraordinary talents, such as scientists, engineers, and physicians, the EB-2 visa is intended. The Immigration and Nationality Act (INA) places an annual cap on the total number of visas granted in each employment-based category due to the strong demand.

Every year, the EB-2 category is allotted 28.6% of the global employment-based visa pool. Further applications in this category will need to wait until the next fiscal year, as the cap for 2024 has now been achieved.

Impact on Employers and Foreign Workers

Implications for Firms: U.S. firms hoping to acquire qualified foreign workers through this program will experience delays due to the early exhaustion of EB-2 visas. Businesses will now have to wait until October 2024 to reapply for qualified candidates. Employers can, however, use this break to polish their applications and get ready for the upcoming visa season.

Consequences for Workers: The EB-2 visa application procedure will only be reopened in the new fiscal year beginning in October 2024 for foreign professionals seeking to obtain one, especially those in specialized fields. Applicants are required to wait to submit new applications or to advance their current ones until that time.

High Demand Across Categories

This notification comes after a comparable one from last month concerning the expiration of visas for the Employment-Based Fifth Preference (EB-5) and Other Workers (EW) categories as well as Employment-Based Third Preference (EB-3).

The demand and fierce competition for employment-based immigration choices in the United States are highlighted by the early depletion of these visa quotas, underscoring the importance of early application submission and strategic preparation.

Understanding the EB-2 Visa

The EB-2 visa is an employment-based immigration category in the United States that targets individuals with advanced degrees or extraordinary ability in disciplines including science, business, and the arts. Compared to other employment-based categories, the EB-2 visa has comparatively faster processing times, which contributes to its popularity. Annual restrictions, however, impose waiting periods on the visa whenever the caps are reached.

Eligibility Criteria

Candidates must either possess an advanced degree (master’s degree or above) or have exceptional talent that noticeably exceeds the standard in their profession to be eligible. A U.S. business must also make an employment offer and demonstrate that no other eligible U.S. workers are available for the position.

The EB-2 visa has two sub-categories:

• Advanced Degree: Requires at least five years of relevant work experience in addition to an advanced degree or its equivalent in another country.
• Exceptional aptitude: Candidates must meet labor certification standards and exhibit extraordinary aptitude in the sciences, arts, or business, well above the standard.

Family Members of EB-2 Visa Holders

Should immigration authorities approve the primary applicant’s I-140 petition, spouses and unmarried children under 21 who have an EB-2 visa may apply for entrance to the United States under the E-21 and E-22 immigrant status.

Getting Ready for 2025

Employers and prospective candidates should take advantage of the fact that the annual cap has been achieved to plan for the next fiscal year. To successfully navigate the competitive world of employment-based visas in the United States, early preparation is essential.