Adjustment of Status Faces Higher Scrutiny
AOS is discretionary, not a substitute for standard immigrant visa processing
09/06/2026
As of September 9, 2025, the U.S. Department of State, in coordination with U.S. Citizenship and Immigration Services (USCIS), has announced that all Employment-Based (EB) immigrant visas in the EB-1, EB-2, and EB-3 categories for Fiscal Year (FY) 2025 have been fully issued. This means no additional visas in these categories will be issued by U.S. embassies or consulates until the new fiscal year begins on October 1, 2025, when fresh visa numbers become available.
Despite the current unavailability of visas, USCIS will continue to accept Adjustment of Status (AOS) applications for EB-1, EB-2, and EB-3 categories if the applicant’s priority date remains current under the September 2025 Visa Bulletin. Applicants with scheduled USCIS interviews should still attend; however, some interviews may be rescheduled due to the lack of available visas. If interviews proceed, approvals will be on hold until new visa numbers are released with the start of FY 2026.
Applicants are encouraged to prepare their cases now to ensure timely adjudication once visas become available in October. Stay updated by monitoring upcoming visa bulletins, attending all scheduled appointments unless officially notified otherwise, and consulting with an immigration attorney if needed. This temporary pause in visa availability reflects the annual visa cap system and does not signify a denial—just a waiting period until FY 2026 begins.
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