The U.S. State Department has announced that all available Employment-Based Second Preference (EB-2) visas for the Fiscal Year (FY) 2025 have been issued, temporarily pausing green card processing in this category.
Why It Matters
EB-2 visas are typically granted to foreign nationals with advanced degrees or exceptional ability in their fields. Under U.S. law, the Immigration and Nationality Act limits the number of employment-based immigrant visas issued each year. For the EB-2 category, this cap is set at 28.6% of the total worldwide employment-based limit, according to the State Department. Once the limit is reached, U.S. embassies and consulates are unable to issue additional visas until the start of the next fiscal year. It comes amid a significant backlog at the U.S. Citizenship and Immigration Services (USCIS), which currently has 11.3 million pending applications.
What To Know
The announcement means that eligible EB-2 applicants must wait until October 1, 2025, when the new fiscal year begins and the visa pool resets to continue the process toward obtaining a green card. It’s important to note that this pause only affects the EB-2 category. Other employment-based visa categories, such as EB-1, EB-3 and EB-4, may still have visas available depending on demand and priority dates.
For applicants, this is a routine part of the immigration process. Popular visa categories often reach their annual limit well before the fiscal year ends, particularly for applicants from countries with high demand.
Applicants should keep track of the Visa Bulletin and priority dates to monitor when visas become available.
In August, USCIS released its September 2025 visa bulletin, stating that employment-based (EB) categories, particularly EB-2 and EB-3 for applicants from India, could reach their annual limits by the end of September.
While this announcement may cause temporary delays, it does not signify a permanent halt to green card issuance. The system is designed to reset each year, allowing qualified applicants to continue pursuing permanent residency in the United States.
The EB-2 visa allows eligible professionals to live and work permanently in the U.S. Most applicants need a U.S. employer to sponsor them, though some may qualify for a National Interest Waiver, which bypasses the job offer requirement. Once approved, EB-2 recipients and their immediate family members gain permanent residency, work authorization and can eventually apply for U.S. citizenship.
However, immigration attorney Michael Cataliotti warned that social media platforms like TikTok and Instagram have become breeding grounds for immigration scams.
He told Newsweek that some individuals are promoting DIY EB-1A and EB-2 National Interest Waiver (NIW) processes, promising applicants an immediate green card “to stay safe.” Others falsely claim that individuals can apply for asylum, receive work authorization and face no further immigration consequences. While these scams have circulated for months or even years, Cataliotti noted that they have recently gained significant traction, putting unsuspecting applicants at risk.
For applicants interested in investing in the U.S., there are other visa pathways. The E-2 visa is a non-immigrant visa for nationals of countries that have a treaty with the U.S. It allows individuals to invest a substantial amount of capital in a U.S. business and manage or direct its operations. While it can be renewed indefinitely as long as the business remains operational, the E-2 visa does not provide a direct path to permanent residency. Holders must maintain their visa status or transition to another visa type if they wish to pursue a green card. The the U.S. does not set an annual limit on the number of E-2 visas that can be issued.
The EB-5 program, on the other hand, provides a direct route to U.S. permanent residency for foreign nationals who invest at least $800,000 in a U.S. business that generates a minimum of 10 jobs. This pathway also extends to the investor’s spouse and children under 21.
What People Are Saying
David Lesperance, the managing partner at Lesperance & Associates, told Newsweek: “There is a great deal of interest in the E2 Visa for a variety of reasons. Unlike the EB5, an E2 visa allows the applicant to control their investment directly. Second, E2 Visa applications are processed significantly faster than EB5 Visas and are often used as ‘bridge status’.
“When a quota limit is hit before the year-end, if the interest in the same visa category remains the same, a cycle is started. Advisors will stockpile applications and submit them immediately in the new year. This will mean that the 2026 quota limit will be reached even sooner. This cycle will continue until Congress increases the number of annual E2 Visa quotas.”
Immigration attorney Michael Cataliotti, talking about scams on social media, told Newsweek: “There is a visa bulletin that dictates whether and when an individual can apply for permanent residency (i.e., a green card). These fraudsters seem to say that the NIW is outside of the typical EB-2 process, and so, it’s so fast, you can just apply for a green card right away. . . that’s simply not true. Whether an NIW or the more traditional route of ‘PERM’, they are both under the EB-2 classification.”
What Happens Next
Once the new fiscal year begins on October 1, 2025, EB-2 visa issuance will resume, allowing qualified applicants to continue their path toward permanent residency. In the meantime, prospective applicants are urged to monitor the Visa Bulletin for updates on visa availability and priority dates.
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