EB-3 and Other Workers Near FY-2025 Cap: What “Unavailable” Means

The U.S. Department of State’s September 2025 Visa Bulletin warns that the Employment-Based Third Preference, or EB-3, and the Other Workers (EW) subcategory are close to exhausting their annual visa numbers as the fiscal year ends on September 30. If demand continues at the current pace, officials may mark one or both categories as “Unavailable” before October 1. That would pause new visa issuance and Adjustment of Status approvals until the new fiscal year begins on October 1, 2025.

What happened in the September 2025 bulletin

From August to September 2025, Final Action Dates did not move in either EB-3 or Other Workers.

• EB-3 cutoffs remained:
  • All Chargeability: 01APR23
  • China (Mainland): 01DEC20
  • India: 22MAY13
  • Mexico: 01APR23
  • Philippines: 08FEB23
• Other Workers cutoffs held at:
  • All Chargeability: 08JUL21
  • China (Mainland): 01MAY17
  • India: 22MAY13
  • Mexico: 08JUL21
  • Philippines: 08JUL21

While dates are stable, the Visa Office cautions that number use is running high and totals are nearing the annual limits.

EB-3 and Other Workers: definitions and legal limits

EB-3 covers three groups:

• Skilled Workers — at least two years of training or experience
• Professionals — U.S. bachelor’s degree or the equivalent
• Other Workers (EW) — jobs that need less than two years of training and are not temporary or seasonal

Key statutory limits:

• EB-3 receives 28.6% of the total employment-based immigrant visa pool each year.
• The Other Workers subcategory cannot exceed 10,000 visas annually.
• Per-country caps further restrict how many visas any one nation may receive — a major pressure point for India, China, Mexico, and the Philippines.

Policy status and government warning

The Visa Office stated that “visa demand and number use remain high in the EB-3 and EW categories,” and that issuance totals are approaching the annual limits. That message signals a real chance of Unavailable appearing later in September, even though cutoff dates did not change.

Why are numbers tight now?

• Pent-up demand: Many applicants delayed during pandemic slowdowns are now documentarily qualified and ready to proceed.
• Faster adjudications: USCIS has moved more cases to the final decision stage, boosting number use.
• Limited spillover: Unlike some recent years, there is no large pool of extra visa numbers flowing in from other employment-based categories to cushion EB-3 or EW.

These forces explain why dates are steady but inventory is running out. The Department of State’s Visa Bulletin is the most direct source for these monthly warnings and dates; you can review it at travel.state.gov (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html).

According to analysis by VisaVerge.com, USCIS is using the Final Action Dates chart for August 2025 for Adjustment of Status decisions, which means applicants can only be approved if their priority date is current on that chart.

What “Unavailable” means (vs. retrogression)

• Unavailable = a category has no numbers left to allocate, so approvals pause but the posted cutoff dates do not move during the freeze.
• Retrogression = the cutoff date moves backward.

When the new fiscal year starts on October 1, annual numbers reset and the category can reopen—however, October cutoffs could advance, hold, or retrogress, depending on demand and the Visa Office’s allocation plan.

Practical effects and immediate actions

If EB-3 or Other Workers becomes Unavailable in September:

• No new immigrant visas will be issued in that category at U.S. embassies and consulates until October 1, 2025.
• Consular processing cases with interviews may be paused, even if applicants have completed every step.
• USCIS Adjustment of Status approvals will be suspended, even for cases that are interview-ready or otherwise approvable.
• Priority dates remain unchanged during the freeze; this is a hold, not a backward move.

For applicants with a current priority date in September, the next few weeks matter. If a case can be approved before numbers run out, you may avoid a month-long delay. If numbers run out first, your case waits until October or later.

Practical steps to take now:

1. Respond promptly to any National Visa Center or USCIS requests for documents or evidence. Don’t miss a due date.
2. If an interview or final review is pending, ask your attorney to alert the agency that your case is ready and time-sensitive.
3. Track the October 2025 Visa Bulletin closely — it will show how the new year’s supply is set and whether cutoffs advance, hold, or retrogress.

Important: If your EB-3 or Other Workers case is current in September 2025, act fast. Clear any open tasks, keep contact details updated, and stay in close touch with counsel.

Short-term risk and long-term outlook

• Short-term: The risk of Unavailable remains high through the end of September if issuance continues at current levels.
• Long-term: On October 1, 2025, annual numbers reset and the pipeline reopens. But high demand—especially from India and China—could slow forward movement or trigger retrogression in October, even as cases begin to move again.

History supports caution. End-of-year slowdowns have affected EB-3 and EW before:

• In FY-2021 and FY-2022, late-year Unavailable periods impacted some oversubscribed groups.
• In other years, October has brought retrogression when demand outpaced supply.

Today’s pattern — no forward movement from August to September, paired with a direct warning from the Visa Office — suggests a higher-than-usual chance of a short freeze this year.

Category structure that increases pressure

• The 10,000-visa ceiling for Other Workers is strict and often fills faster because these cases can move in clusters once labor and petition steps conclude.
• The EB-3 share — 28.6% of the employment pool — must cover Skilled Workers and Professionals worldwide, and it is subject to per-country limits that can bottleneck progress for oversubscribed countries.

If a freeze occurs, note what will not happen: your priority date will not move backward during September because of an Unavailable label — the category simply closes for approvals. In October, the Visa Office will publish fresh cutoffs and reopen approvals based on the new annual totals. Some applicants will see green lights; others may face a new wait if the October chart shows backward movement.

Planning advice for applicants and employers

• Employers should build in buffers for September and October start dates — even a short pause can push onboarding by several weeks.
• Families should consider similar buffers for school and housing decisions tied to final visa issuance or green card approval.

VisaVerge.com reports that sustained demand and limited spillover are the main reasons the pressure is so tight this year. Expect movement again after October 1, 2025, but be prepared for possible retrogression when the October 2025 Visa Bulletin is released.