US Immigration Update : The US Department of State has issued an urgent warning that most employment-based (EB) green card categories will likely become “unavailable” by the end of September 2025, creating a potential freeze that could impact thousands of Indian professionals.
This development represents one of the most significant immigration bottlenecks for Indian workers in recent years, as fiscal year 2025 visa limits approach depletion.
The State Department warned that annual limits for EB categories will be reached in August and September, pushing many categories to “unavailable” status until October 1, 2025, when the new fiscal year begins and fresh visa numbers are released.
This timing creates a critical window where qualified applicants may find themselves unable to proceed with their green card applications despite meeting all requirements.
Understanding the Root Cause: Per-Country Limits and High Demand!
The impending freeze stems from a combination of factors that immigration experts have long predicted would create this bottleneck. The per-country limit restricts any single nation to roughly 7% of available visas, approximately 26,323 visas in FY2025.
For a country like India, which generates enormous demand for employment-based visas through its tech workforce, this ceiling creates an artificial scarcity.
High Demand Throughout FY2025
High demand and steady use of employment-based immigrant visa numbers this year are behind the potential freeze. Unlike previous years where visa usage might taper off, 2025 has seen consistent demand that has pushed the system toward its limits earlier than anticipated. This pattern reflects both the robust US economy’s appetite for skilled workers and the continued attractiveness of permanent residency for international professionals.
Specific Impact on Indian EB-2 and EB-3 Categories!
Indian applicants face the most severe consequences in the EB-2 and EB-3 categories, which represent the majority of employment-based applications from India. EB-2 and EB-3 for India remain stuck at January 1, 2013 and May 22, 2013 respectively. These dates haven’t moved forward significantly, indicating the depth of the backlog that Indian professionals face.
What This Means for Current Applicants
For Indian workers, the pressure is sharpest in EB-2 and EB-3 for India, where Final Action Dates have stalled and no forward movement is expected before the fiscal year closes. This stagnation affects not just new applicants but also those who have been waiting for years to file their adjustment of status applications.
Timeline and Expected Relief
The freeze, while challenging, is temporary by design. This situation reflects typical fiscal-year-end pressures, during which visa categories may retrogress or temporarily freeze, potentially delaying eligibility until the start of the new fiscal year in October, when new visa allocations are released.
October 2025: New Fiscal Year Brings Hope
Immigration attorney insights suggest significant movement may occur when fiscal year 2026 begins. The October 1 new fiscal year will bring a new set of allocation, and we will likely see significant movement in October, opening up options for employment-based applications.
Strategic Recommendations for Affected Applicants!
Immigration experts recommend several proactive steps for those potentially affected by the freeze. For applicants in employment-based categories, this means careful attention to filing deadlines and readiness to submit documentation promptly to avoid potential delays.
Understanding your priority date becomes crucial during this period. The priority date, typically when your green card petition was initially filed, determines your place in line. Those with earlier priority dates should prepare all documentation for immediate filing once the new fiscal year begins.
| Category | Current Final Action Date (India) | Status |
|---|---|---|
| EB-1 India | Current | Available |
| EB-2 India | January 1, 2013 | Likely Freeze |
| EB-3 India | May 22, 2013 | Likely Freeze |
| EB-5 India | May 15, 2017 | Monitor Closely |
Frequently Asked Questions
Q: Will the freeze affect my ability to renew my H-1B? A: No, employment-based visa freezes don’t impact H-1B renewals or status maintenance. You can continue working while waiting for the freeze to lift.
Q: Can I still file my I-485 if my priority date becomes current after October 1? A: Yes, once new visa numbers become available in FY2026 and your priority date is current, you can file your adjustment of status application.
Q: Should I consider alternative immigration pathways during the freeze? A: Consult with an immigration attorney about options like EB-1A, NIW, or other categories that may have better availability.