EB-2 visa cap reached for 2024, additional visas to be issued in new US FY starting Oct 1

Foreign nationals aspiring to obtain an EB-2 visa to work and live in the United States will have to face a prolonged wait after the US State Department and US Citizenship and Immigration Services (USCIS) confirmed that the cap for Employment-Based Second Preference (EB-2) visas for the fiscal year 2024 has been met.

Consequently, no additional EB-2 visas will be issued until the new fiscal year begins on October 1, 2024.

The EB-2 visa category targets skilled workers, particularly those with advanced degrees or exceptional abilities in their respective fields. It is further divided into three subcategories:

1. EB-2A: Advanced Degree Professionals - This subcategory is for individuals holding advanced degrees (master's or doctorate) or a bachelor's degree accompanied by at least five years of progressive work experience.

2. EB-2B: Exceptional Ability - This applies to applicants demonstrating exceptional abilities in areas such as the arts, sciences, or business, necessitating proof that their skills substantially exceed the norm and will contribute positively to the U.S. economy or culture.

3. EB-2C: National Interest Waiver (NIW) - Professionals whose work is deemed beneficial to US national interest can apply through this subcategory, allowing self-petitioning without necessitating a job offer from a U.S. employer.

Typically, EB-2 visa seekers require sponsorship from a U.S. employer, unless they qualify for the National Interest Waiver.

For fiscal year 2024, the USCIS established a total limit of approximately 47,000 EB-2 visas, accounting for 28.6% of the total employment-based visas allocated, which stands at around 165,000. These figures are determined annually by the Immigration and Nationality Act (INA) and include unused visa numbers from previous years.

Indian nationals, in particular, are encountering substantial hurdles in securing EB-2 visas. According to the U.S. Department of State's recent visa bulletin, the cut-off date for EB-2 visa processing for Indian applicants is July 15, 2012, indicating a significant backlog and a priority date lag of more than a decade.

Sam Silverman, Managing Partner at EB5AN, a firm specializing in US immigration visas, noted, "Wait times for EB-2 and EB-3 categories are currently longer than for any other US employment-based immigrant visa, including the popular EB-5 visa." He further highlighted that global demand for EB-2 visas has reached over four times the available quota, with more than 180,000 applications competing for just 40,000 visas.