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EB-1 Update

  • Writer: Emily Singer Hurvitz
    Emily Singer Hurvitz
  • Sep 24
  • 2 min read

Just received news that's impacting several of my clients: the Department of State has announced that the annual limit for EB-1 visas for fiscal year 2025 has been reached.



For those unfamiliar, the EB-1 visa has three distinct tracks:



- EB-1A: for individuals with extraordinary ability


- EB-1B: for outstanding professors and researchers 


- EB-1C: for multinational executives and managers 



While this might sound alarming, here's what it actually means:



- No more EB-1 green cards will be approved through September 2025


- Embassies and consulates cannot issue these visas until October 1


- This is a temporary pause, not a policy change



I just got off the phone with a client who's been in process for 18 months and was devastated thinking their case was dead. 



I had to explain that this is actually a normal part of the immigration cycle.



The number of immigrant visas available each year are limited, and we have simply hit the maximum number available in this fiscal year.



The good news?



The clock resets on October 1st when FY2026 begins. 



Then new visa numbers will become available. USCIS and the Department of State can resume approving these cases.



If you're in the EB-1 process, here's my advice:



- Don't panic, this is temporary


- Continue preparing documentation


- Use this time to strengthen your case if needed


- Stay in close contact with your attorney



Having worked on extraordinary ability cases for years, I've seen how stressful these delays can be. 



It's one reason I always try to set realistic expectations about timing from the beginning.



What makes these cases particularly challenging is that they often involve people who are leaders in their fields and have time-sensitive opportunities that depend on their immigration status. 



The waiting game is never easy.



But if I've learned anything from my years in immigration law, it's that persistence pays off. 



I've seen cases that faced multiple obstacles eventually get approved because we didn't give up and kept finding new strategies.



October 1st is almost here. 



Until then, we keep preparing, documenting, and advocating.



If you have questions about how this affects your specific EB-1 case, reach out.

 
 

© 2022 by Law Office of Emily Singer Hurvitz, PC.

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