US Closes Door on EB-2 Visas: What It Means for Employers and Foreign Professionals

The US Department of State has announced that the annual quota for EB-2 visas has been fully exhausted for the 2024 fiscal year.

This development means that no further visas in this category will be issued until the commencement of the next fiscal year on October 1, 2024. The EB-2 visa program, designed for foreign professionals with advanced degrees or exceptional abilities in fields such as science, engineering, and medicine, is subject to annual limits set by the Immigration and Nationality Act. The early depletion of the EB-2 visa quota has significant implications for both US employers and foreign workers. Employers seeking to hire skilled foreign professionals through this program will face delays as they must now wait until October 2024 to submit new applications for eligible candidates.

This pause, however, presents an opportunity for companies to refine their applications and prepare thoroughly for the next visa cycle. For foreign professionals aspiring to obtain an EB-2 visa, particularly those in specialized fields, the visa process will be on hold until the new fiscal year begins. During this period, applicants must refrain from submitting new applications or advancing existing ones. This announcement follows similar notices regarding the exhaustion of visas for other employment-based categories, including the EB-3, Other Workers, and EB-5 categories.

The EB-2 visa program is particularly popular due to its relatively quicker processing times compared to other employment-based categories. To qualify, applicants must either hold an advanced degree (master's level or higher) or demonstrate extraordinary talent that significantly surpasses the norm in their field. Additionally, a US employer must offer a job and prove that no qualified American workers are available for the position. The program includes two main pathways: the Advanced Degree track, which requires an advanced degree or its foreign equivalent plus at least five years of relevant work experience, and the Exceptional Ability track, which demands demonstration of exceptional ability in sciences, arts, or business along with meeting labor certification requirements.

Given the high demand and early exhaustion of the EB-2 visa quota, both employers and prospective applicants should engage in strategic planning for future applications. Employers can utilize this time to ensure their job offers and labor certifications are in order, while applicants can gather necessary documentation and evidence of their qualifications. Early preparation can help streamline the application process once the new fiscal year begins.