Disclaimer: This page is for educational purposes and general information only. It is not legal advice. Immigration outcomes depend on facts, documentation, and changing agency practice. For case-specific strategy, consult a qualified U.S. immigration attorney.
In September 2025 the U.S. Department of State announced that all available immigrant visa numbers in the EB-3 and the “Other Workers” (EW) subcategory for FY 2025 were used. Many people read that as “EB-3 visas stopped.” The reality is narrower: it’s a numerical availability issue inside a fiscal year, not a cancellation of the EB-3 program.
On this page
Who this update is for
- Healthcare candidates and employers: registered nurses, allied health, long-term care staffing.
- Care roles often classified as EW / Other Workers: caregivers, aides, support staff (depending on the job’s requirements).
- Workers and employers already in the EB-3 pipeline (PERM/I-140/NVC/interview/AOS) who need an updated 2026 planning lens.
1) How EB-3 and EW annual limits work (plain English)
EB-3 is an employment-based immigrant visa preference category. Like all preference categories, EB-3 is subject to a numerical cap. The U.S. government does not “issue unlimited EB-3 visas on demand.” Instead, visa numbers are allocated within the U.S. fiscal year (FY), which runs from October 1 through September 30.
Core rule: If the government has already used all EB-3 (or EW) numbers available for a fiscal year, new numbers in that category cannot be issued again until the next FY opens.
EB-3 is one category, but it behaves like three tracks
EB-3 is commonly discussed as “Skilled,” “Professional,” and “Other Workers.” The first two tracks are the main EB-3 pool; “Other Workers” (EW) is a subcategory with its own limit and special deductions. In practice, this is why EW cases often see stronger cut-off date pressure.
| Track | Typical requirement | Practical note for 2025–2026 planning |
|---|---|---|
| EB-3 Professional | Bachelor’s degree (or equivalent) required by the job. | Competes in the main EB-3 pool; timing depends heavily on monthly cut-off dates and country demand. |
| EB-3 Skilled Worker | At least 2 years training or experience required by the job. | Often used for healthcare and technical roles. “Annual limit reached” typically affects final issuance, not whether employers can file PERM/I-140. |
| EW / Other Workers | Less than 2 years training/experience (unskilled, non-seasonal). | EW is capped and also subject to statutory deductions (NACARA-related). Small shifts in demand can create long waits. |
Requirement: Bachelor’s (or equivalent) required by the position.
Planning note: Main EB-3 pool; watch monthly cut-off dates and your priority date.
Requirement: 2+ years training/experience required by the position.
Planning note: Cap issues tend to delay issuance rather than stop filing and petition work.
Requirement: Less than 2 years training/experience (non-seasonal).
Planning note: EW is more vulnerable due to a smaller pool and statutory deductions.
“Petition approved” vs “visa number available”: the confusion trap
Employers can often continue the case-building steps (recruitment/PERM/I-140) even during times when visa numbers are tight. But the final step (consular issuance or green card approval after AOS) generally requires an available number under the monthly Visa Bulletin.
Your priority date is the line you “stand on.” Your case can be document-complete and still wait if the Visa Bulletin cut-off date has not reached your priority date.
2) What happened in FY 2025 — and how to think about FY 2026
FY 2025 ended with a classic “end-of-year squeeze” in EB-3 and EW: demand stayed high, available visa numbers were used, and the government announced that additional EB-3/EW numbers could not be issued in that fiscal year. The key is to treat this as a calendar + quota event, not as a “program shut down.”
EW nuance you must not miss: “Other Workers” is subject to statutory deductions tied to NACARA adjustments. That’s why Visa Bulletins sometimes mention that the EW annual limit can be reduced (historically by up to 5,000) and specify the expected deduction for a given fiscal year.
3) Visa Bulletin reading for EB-3/EW: the dates that drive real waiting
Most applicants only need one skill: compare your priority date to the Visa Bulletin cut-off date for your category. If your priority date is earlier than the cut-off date, the government can generally take final action (issue a visa overseas or approve the green card at AOS finalization).
Below is a simplified snapshot for January 2026 (All Chargeability Areas Except Those Listed). Country-specific dates (China/India/Mexico/Philippines) differ and must be checked in the bulletin directly.
| Category (simplified) | Final Action Date (Jan 2026, All Chargeability) | Dates for Filing (Jan 2026, All Chargeability) |
|---|---|---|
| EB-3 (Skilled / Professional) | 22APR23 | 01JUL23 |
| EW / Other Workers | 01SEP21 | 01DEC21 |
Final Action Date: 22APR23
Dates for Filing: 01JUL23
Final Action Date: 01SEP21
Dates for Filing: 01DEC21
Why two charts? “Final Action Dates” controls final issuance/approval. “Dates for Filing” is used for document collection at NVC and sometimes for filing I-485, but USCIS decides which chart can be used for AOS each month.
Monthly watchlist (2026 planning)
- Visa Bulletin movement: Do EB-3/EW dates advance, stay, or retrogress?
- USCIS AOS chart choice: Which chart is permitted for I-485 filing in the current month?
- Document validity: medical exam, police certificates, passports, and employer offer consistency (especially for consular cases delayed by quota timing).
- EW sensitivity: treat EW timelines as a multi-year planning horizon unless your priority date is already ahead of the cut-off.
4) Clear delay simulator: why “annual limit reached” often means extra months (not a restart)
This is not a USCIS forecast. It’s a simple planning model to help you explain the impact of an end-of-FY quota pause to an employer or family. You choose a pause length (0–12 months) and see the timeline difference immediately.
- Pick a quick option (0 / 3 / 6 / 9 / 12) or move the slider.
- “Difference” shows how many months were added.
- On the bars, the orange segment is exactly the pause you selected.
Selected pause: 6 months
Model rule: base 18 months + selected pause = planning horizon (illustrative).
- Baseline
- Pause
Why real cases often differ from the model
- Country demand (per-country limits) can move cut-off dates differently than “Rest of World.”
- EW has special deductions (NACARA-related) and can remain backlogged even when EB-3 Skilled/Professional advances.
- Processing stage matters: PERM timing, I-140 timing, NVC document completion, interview scheduling capacity, and medical validity.
- AOS vs consular: USCIS chart choice for I-485 filing changes monthly and affects when you can file.
5) FAQ + action plan (2026) + official sources
Do I have to “start over” in FY 2026 if EB-3 hit the cap in FY 2025?
Can I-140 be approved when visas are not available?
Why are caregivers and EW cases more exposed to waiting?
I’m in the U.S. How do I know if I can file I-485 this month?
Should I switch to EB-2 or NIW just because EB-3 hit the cap?
Action plan for 2026 (short and practical)
| Situation | What to do | What to avoid |
|---|---|---|
| Starting EB-3 (PERM not filed yet) | Align the job requirements early (Skilled vs EW), document recruitment carefully, and plan a multi-stage timeline (PERM → I-140 → visa/AOS). | Launching without clarity on which EB-3 track applies; under-documenting recruitment; ignoring expected wait time when making offers. |
| I-140 pending/approved | Protect the priority date, keep the employer offer consistent, and monitor monthly Visa Bulletin movement. | Assuming approval = immediate visa; letting employer/candidate communication break down during quota waiting windows. |
| NVC / consular interview stage | Keep documents valid (passport, police certs, medical timing), respond quickly to NVC requests, and plan travel/logistics based on realistic scheduling. | Letting medical/police validity expire; making irreversible travel plans before the case is ready for final issuance. |
| AOS in the U.S. (I-485) | Verify USCIS chart choice monthly and file only when eligible; maintain lawful status and compliance with travel/work rules. | Filing based on the wrong chart or wrong month; traveling without understanding AOS implications. |
Do: define EB-3 track early, document recruitment, plan PERM → I-140 → visa/AOS.
Avoid: unclear track (Skilled vs EW), weak recruitment file, unrealistic offer timelines.
Do: protect priority date, keep offer consistent, monitor Visa Bulletin monthly.
Avoid: assuming approval means immediate visa; poor coordination during quota waits.
Do: maintain document validity, respond fast, plan logistics realistically.
Avoid: expiring medical/police docs; committing to travel before final issuance readiness.
Do: confirm USCIS chart choice monthly; file only when eligible; keep status compliant.
Avoid: filing based on the wrong chart/month; travel/work moves without AOS strategy.
Practical reminder: EB-3 planning is not just “processing time.” It’s a queue driven by monthly visa availability. The best 2026 strategy is to build a case that survives waiting: clean documentation, predictable employer support, and monthly monitoring discipline.
Official sources (.gov) to verify rules and dates
- U.S. Department of State: “Annual Limit Reached in the EB-3 and EW Categories” (Sep 9, 2025) — confirms that FY 2025 EB-3/EW numbers were used and explains the fiscal-year reset logic.
- U.S. Department of State: Visa Bulletin for January 2026 (HTML) — official cut-off dates for EB-3 and EW (Final Action Dates and Dates for Filing), including the NACARA/EW note.
- U.S. Department of State: Visa Bulletin (current issue index) — easiest official entry point to the latest bulletin each month.
- USCIS: Visa Bulletin Info (which chart to use for I-485 filing) — USCIS’s monthly decision on whether AOS filers use “Dates for Filing” or “Final Action Dates.”
- USCIS Policy Manual: Skilled Workers, Professionals, and Other Workers (EB-3) — official USCIS policy overview of EB-3 requirements and the EW limitation concept.
- U.S. Code (8 U.S.C. § 1153): Allocation of immigrant visas — statutory text for EB preference categories, including the EB-3 framework and the “not more than 10,000” EW limitation.
