EB Green Card Hope Rises Despite Backlogs and Visa Limits

(UNITED STATES) Employment-based green card applicants are heading into the final weeks of the fiscal year with steady nerves and cautious hope. As of September 13, 2025, the September visa bulletin shows no forward movement in priority dates, and the U.S. Department of State expects most employment-based preference categories to hit their annual limits by late September. That means new immigrant visa numbers in oversubscribed categories will pause until the new fiscal year starts on October 1, 2025, when the yearly allocation resets to fresh numbers.

The State Department set the FY 2025 employment-based cap at 150,037. USCIS, meanwhile, confirmed it is following the Final Action Dates chart for September filings, so only applicants with current final action dates can file adjustment of status now.

The practical message for applicants and employers is steady but unsatisfying: wait a few more weeks, use the time to prepare complete packets, and move quickly if your date becomes current after October 1. There are no new laws or sweeping policy shifts on deck, and agencies have issued few public statements beyond routine monthly notes. According to analysis by VisaVerge.com, the reset may unlock some motion in early FY 2026, but backlogs for India and China will still weigh on EB-2 and EB-3 for the foreseeable future.

Current cutoffs and government guidance

In the September 2025 visa bulletin, final action dates and filing dates remained the same as August. The most notable pinch point is EB-4, which the State Department lists as unavailable because it reached its annual limit.

For other preference groups, heavy demand means most categories are projected to reach their yearly totals before month’s end. Once a category hits its limit, consulates and USCIS cannot approve additional green card cases in that category until the new fiscal year begins.

Key country-by-category cutoffs (September 2025):

• EB-1
  • Current for most countries
  • China: November 15, 2022
  • India: February 15, 2022
• EB-2
  • Most countries: September 1, 2023
  • China: December 15, 2020
  • India: January 1, 2013
• EB-3
  • Most countries: April 1, 2023
  • China: December 1, 2020
  • India: May 22, 2013
  • Philippines: February 8, 2023
• EB-5
  • Current for most countries
  • China: December 8, 2015
  • India: November 15, 2019

USCIS has confirmed that for September it is using the Final Action Dates chart for employment-based adjustment of status filings. That means only applicants with a current final action date can submit Form I-485 (Application to Register Permanent Residence or Adjust Status). Anyone whose date is not current must wait.

The State Department’s monthly release and archives appear on travel.state.gov, the official portal for the visa bulletin. Applicants should check the bulletin every month, because even small movements can open brief filing windows—especially in late September and early October, when the end of one fiscal year and the start of the next can quickly change visa number availability.

Practical effects for workers and employers

For many applicants, the daily reality is less about cutoffs and more about timelines and life plans. Applicants from India and China, especially in EB-2 and EB-3, continue to face multi-year waits even after employers secure earlier approvals. Processing steps add time as well.

Typical timing and process notes:

• PERM labor certification: often about 18–24 months, depending on Department of Labor workload.
• Form I-140 (immigrant petition): typically around 8 months without upgrades, or 15 days with premium processing for most EB-1, EB-2, and EB-3 cases.
• Form I-485 (adjustment of status): can take several months after filing, but only after the priority date is current.
• Since December 2024, USCIS has required concurrent filing of the medical exam, Form I-693, with the I-485 in most cases—this helps USCIS finish adjudication without later requests.

These steps sit atop the backlog math. For many applicants from countries other than India and China, EB-2 and EB-3 green cards may take roughly 2–5 years from start to finish. For many Indian and Chinese applicants, those estimates stretch to 5–11+ years because of per-country queues. Even where USCIS improves internal operations—receipt notices now arrive within a few business days for standard cases—the visa number shortage continues to drive the overall wait.

Real-life examples:

• A software engineer from Bengaluru with an EB-2 priority date of 2013 may have changed jobs, welcomed children, and renewed work authorization multiple times while waiting.
• An oncology researcher in Shanghai with an EB-1 date in late 2022 may be within reach of a green card if EB-1 moves soon after October 1, but must watch the bulletin monthly.

For employers, planning is now essential: staffing, client obligations, and transfers often hinge on whether a worker can adjust status this quarter or must wait until next spring.

Important operational notes:

• Filing I-140 with premium processing locks in an approval quickly but does not change priority date queues.
• When a category is marked “unavailable” (like EB-4 currently), no amount of preparation can overcome that status—new visas must wait for the fiscal year reset.

Practical steps applicants and HR teams can take now:

1. Gather civil documents and employment letters so packets are ready to file when dates are current.
2. Watch the visa bulletin and USCIS announcements weekly through October to catch any shift.
3. Consider temporary visa options if a green card wait is long (e.g., L-1, O-1).
4. File clean, complete I-485 applications with Form I-693 included to avoid delays.

Practical reminders:

• Maintain valid work and travel authorization if you need to change jobs, travel, or renew licenses.
• Avoid job changes that could disrupt the green card classification unless portability rules clearly apply.
• Keep passports valid, track travel histories, and store job letters and pay records in a single folder for quick filing.

Warning: A short gap in employment authorization can upset long-planned moves or a child’s school enrollment. Missing filing windows or filing incorrectly can cost months if dates retrogress.

Looking ahead to October 1

The key date is October 1, 2025, when employment-based annual limits reset. Historically, that reset lets the State Department advance some cutoffs, approve pending cases with ready visa numbers, and open new filing opportunities. But a reset is not a clean slate: per-country caps and existing backlogs continue to constrain movement—especially for EB-2 and EB-3 applicants from India and China.

No legislative or regulatory reform has been announced that would change per-country limits or overall EB totals. Congress could raise numbers or recapture unused visas, but no such bill has passed. Agencies have not signaled major policy changes either. In the absence of reform, the system will continue operating under the same rules: a fixed annual cap, per-country distribution, and monthly adjustments based on demand.

Near-term possibilities after the reset:

• EB-1 could see approvals where cases are documentarily complete and cutoffs move forward, particularly outside the most backlogged countries.
• Applicants whose final action dates are close may finally see their dates become current, allowing I-485 filings or approvals.
• EB-4 will return from “unavailable” once new numbers arrive, allowing adjudications to resume.

Stakeholders are preparing:

• Employers are mapping team members closest to current so legal teams can file I-485 packets quickly.
• Families are scheduling medical exams early to avoid appointment bottlenecks.
• Immigration lawyers caution that retrogression is still possible later in the year if demand again outruns supply.
• Community groups are organizing clinics to help applicants check priority dates and gather documents.

Watch official sources:

• State Department monthly bulletin and guidance: travel.state.gov
• USCIS alerts for changes to which chart—Final Action Dates or Dates for Filing—applies in a given month. If USCIS switches to the Dates for Filing chart later this fall, more people might be able to submit I-485 applications even if final action dates have not yet caught up.

Forms and tools to know

• Form I-140 (Immigrant Petition for Alien Workers) — establishes the employment-based category with USCIS: Form I-140
• Form I-485 (Adjustment of Status) — application for permanent residence inside the U.S.: Form I-485
• Form I-693 (Report of Medical Examination and Vaccination Record) — generally required to be filed with I-485 now: Form I-693

Premium processing remains available for many I-140 categories, offering a 15-day decision window. This helps employers lock in approvals and moves cases into the Department of State queue sooner, but it does not change your place in line for a visa number.

Final takeaways and action checklist

• The fiscal year cap will reset on October 1, 2025; some categories may move, but backlogs—especially for India and China in EB-2/EB-3—remain long.
• Be organized and ready: when your priority date becomes current, speed and correctness matter.
• Avoid missing chances: late or incomplete filings can cost months if cutoffs retrogress.

Action checklist (quick):

• Gather and organize civil documents, job letters, and pay records now.
• Schedule medical exams early to avoid bottlenecks.
• Monitor travel.state.gov and USCIS alerts weekly.
• Consult counsel regarding temporary visa options or job portability rules.
• Be ready to file I-485 the moment your priority date is current.

In short: rules are steady and supply is limited. Prepare your paperwork, watch the bulletin, and be ready to act quickly if your date becomes current after October 1.