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FY2025 Recap: EB-3 and “Other Worker” Visa Numbers Exhausted Before Fiscal Year-End — Again
FY2025 Recap: EB-3 and “Other Worker” Visa Numbers Exhausted Before Fiscal Year-End — Again
On September 9, 2025—more than three weeks before the September 30 fiscal year-end—the U.S. Department of State announced that all available EB-3 immigrant visas and “Other Worker” (EW) visas for FY2025 had been issued. As a result, U.S. embassies and consulates could no longer issue EB-3 or EW immigrant visas for the remainder of the fiscal year. The annual limits reset on October 1, 2025, with the beginning of FY2026.
This was not an isolated event. FY2024 also saw the EB-3 and EW categories reach their annual limits before the fiscal year ended, making FY2025 the second consecutive year in which these categories were exhausted early.
For employers and workers, the lesson is clear: an approved I-140 does not guarantee immediate green-card issuance. Visa-number availability remains a critical part of the process.
What Happened in FY2025?
• Skilled Workers
• Professionals
• Other Workers
The U.S. Department of State explains that EB-3 receives 28.6% of the worldwide annual employment-based immigrant visa allocation, together with certain additional numbers that may become available from other employment-based categories. The “Other Workers” classification is limited to a statutory allocation of up to 10,000 visas, subject to applicable adjustments.
In FY2025, the worldwide employment-based preference limit was 150,037 visas.
Despite the numerical limits, demand for EB-3 immigrant visas remained sufficiently strong that the available numbers were used before the fiscal year ended.
On September 9, 2025, the Department of State formally confirmed that it had issued all available EB-3 and EW immigrant visas for FY2025 in coordination with U.S. Citizenship and Immigration Services (USCIS).
That announcement effectively closed the door on additional EB-3 visa-number issuance for the remainder of September.
Why Is This Significant?
An employment-based green-card case involves multiple stages. Depending on the case, the process may include:
1. Department of Labor labor certification;
2. Form I-140 immigrant petition;
3. Visa-number availability;
4. Consular processing or adjustment of status;
5. Final adjudication and issuance of permanent residence.
An applicant may have an approved I-140 and still be unable to complete the green-card process if an immigrant visa number is unavailable.
The September 2025 Visa Bulletin explains that employment-based immigrant visas are subject to numerical limitations and that when an annual limit is reached, the relevant category may immediately become “unavailable.”
Therefore, employers should not view the I-140 approval as the final milestone. Visa availability must be monitored throughout the entire case.
“Other Workers” Face a Particularly Important Constraint
USCIS and the Department of State describe Other Workers as workers capable of performing jobs requiring less than two years of training or experience, provided the position is not temporary or seasonal.
These positions can be particularly important to industries such as hospitality, food service, manufacturing, caregiving, construction, and other sectors where employers regularly depend on workers who may not qualify under the traditional professional or skilled-worker definitions.
Because the EW category has its own numerical limitation, demand can create substantial backlogs even when an employer has successfully completed the underlying sponsorship process.
For businesses relying on international recruitment, this makes early case planning especially important.
The “Again” Matters: FY2024 and FY2025
On August 16, 2024, the Department of State announced that all legally available EB-3 and Other Worker visas for FY2024 had been issued. The Department stated that embassies and consulates could not issue additional visas in those categories for the remainder of FY2024 and that the annual limits would reset on October 1, 2024.
Then, in FY2025, the same pattern occurred again—although the exhaustion date shifted to September 9.
The repetition suggests that employers and foreign workers should not assume that annual visa availability will remain comfortably sufficient through September.
Instead, the end of each fiscal year should be treated as a period of heightened visa-number risk.
What Does Visa Exhaustion Mean for an Applicant?
Rather, the problem is the temporary unavailability of visa numbers.
The Department of State specifically stated in September 2025 that because all available EB-3 and EW visas had been used, embassies and consulates could not issue additional immigrant visas in those categories for the remainder of FY2025. The numbers became available again when FY2026 began on October 1, 2025.
This distinction is critical.
A worker may still have:
• An approved labor certification;
• An approved I-140;
• A valid priority date;
• An adjustment-of-status application;
• A pending immigrant visa application.
But the ability to obtain final permanent residence depends on the availability of an immigrant visa number at the appropriate stage.
Visa Bulletin Monitoring Is Essential
The Department of State publishes monthly Visa Bulletins identifying Final Action Dates and Dates for Filing. These dates determine when applicants may proceed with different parts of the immigrant visa or adjustment-of-status process.
Importantly, applicants should not assume that a favorable date in one month will remain favorable in the next.
Visa availability can move forward, remain unchanged, retrogress, or become unavailable depending on demand and the number of visas remaining.
The Department of State has explained that when demand exceeds available visa numbers, it may establish a Final Action Date based on the priority date of the first applicant who cannot be reached within the numerical limits.
For employers with multiple sponsored workers, monitoring these developments can help avoid unexpected delays.
What Employers Should Do Differently?
The FY2025 experience provides several practical lessons for employers.
What Should EB-3 Workers Do?
Instead, they should determine exactly where their case stands.
Questions to consider include:
• Is the PERM labor certification approved?
• Has the I-140 been filed or approved?
• What is the priority date?
• Is the worker inside or outside the United States?
• Is an I-485 adjustment-of-status application pending?
• Is consular processing being used?
• What does the current Visa Bulletin show?
• Has the case been affected by retrogression or numerical exhaustion?
Because every case is different, a worker should obtain individualized legal advice before making major immigration decisions.
Looking Ahead: What FY2025 Teaches Us
It is that visa-number management has become an increasingly important part of employment-based immigration strategy.
The fact that EB-3 and EW numbers were exhausted in both FY2024 and FY2025 demonstrates that employers cannot rely solely on the assumption that an approved petition will translate into an immediately available green card.
For businesses, immigration planning should therefore be connected to workforce planning. Employers should identify foreign workers who may need sponsorship, begin qualifying processes as early as practical, monitor priority dates, and review cases before the final months of each fiscal year.
For foreign nationals, understanding the Visa Bulletin and the difference between petition approval and visa availability can help prevent costly misunderstandings.
Final Thoughts
FY2025 was another wake-up call for the EB-3 immigration system. The Department of State confirmed that all available EB-3 and Other Worker immigrant visas were exhausted on September 9, 2025—weeks before the fiscal year officially ended.
With FY2024 producing a similar result, the pattern deserves serious attention from both employers and prospective immigrants.
If your business is sponsoring EB-3 workers—or if you are waiting for your own employment-based green card—early planning, priority-date monitoring, and careful legal strategy can make a meaningful difference.
The immigration process is not simply about getting an approved petition. Timing matters, visa numbers matter, and knowing when to act matters.
If you are an employer or EB-3 applicant concerned about visa availability, retrogression, or the next steps in your case, consulting an experienced immigration attorney can help you understand your options and develop a strategy based on your individual circumstances.