Visa Bulletin: Warning on EB-2, EB-3, and EB-5 Shortages

The US State Department has released the September 2025 Visa Bulletin, outlining the final month’s immigrant visa availability for the current fiscal year. For many Indian applicants, particularly in the employment-based categories, the wait remains long, with Final Action Dates largely unchanged and fresh warnings of possible visa shortages before the end of the fiscal year.

Visa Bulletin: Final Action Dates Remain Static for Indian Applicants

For Indian nationals applying under employment-based categories, the bulletin lists the following unchanged Final Action Dates for September:

• EB-1: 15 February 2022

• EB-2: 1 January 2013

• EB-3 (Professionals/Skilled Workers): 22 May 2013

• EB-3 Other Workers: 22 May 2013

• EB-5 (Unreserved): 15 November 2019

The EB-4 category remains unavailable for all nations, as the annual quota has already been exhausted. However, Indian candidates can still apply under the three EB-5 set-aside categories: infrastructure, high unemployment, and rural.

Visa Shortage Warning for EB Categories

The US Visa Office has sounded an alarm that several employment-based (EB) categories could hit their annual limits as early as August or September 2025. If that happens, these categories will become “unavailable” until the new fiscal year begins on October 1, 2025, when fresh visa numbers will be allocated.

Demand for EB visas has surged throughout FY-2025, putting pressure on available numbers. The bulletin highlights that EB-2, EB-3, and EB-5 are particularly vulnerable to hitting their annual caps, potentially leaving thousands of applicants in limbo until next year.

Visa Bulletin: Global Visa Limits & Oversubscribed Nations

For FY-2025, the worldwide cap for employment-based preference immigration is 150,037 visas, while family-sponsored immigration is capped at 226,000. Each country is limited to 7% of the global total — roughly 26,323 visas — with dependent areas capped at 2%.

India continues to be listed as oversubscribed, alongside China, Mexico, and the Philippines. For Diversity Visa (DV) 2025 winners, eligibility ends on September 30, 2025, though visas may run out before that date.

Proposed Changes to F-1 and J-1 Student Visas

In a separate but closely related development, the US government is considering a shift from the current “duration of status” rule for F-1 (student) and J-1 (exchange visitor) visas to a fixed-term system.

Under current rules, international students can remain in the US as long as they are enrolled in their course. The proposed policy would impose a set expiration date, regardless of program length, forcing some students to renew their visas mid-course.

The Department of Homeland Security has approved the proposal via White House review, moving it forward for public comment before implementation.

Impact on Indian Students

With over 420,000 Indian students enrolled in US universities in 2024 — the largest foreign student population in the country — the fixed-term proposal could have a significant impact. Many Indian students pursue multi-year programs, including STEM research, master’s, and doctoral degrees, which often exceed four years.

Immigration expert Aaron Blumberg warns that most doctoral students and many undergraduates would need to apply for status extensions before finishing their studies. This process may incur additional legal fees, government costs, and the risk of administrative delays.

The proposal also raises concerns about Optional Practical Training (OPT) participation, as students would need a valid status at graduation to work in the US temporarily. Universities may need to revamp their guidance systems to help students navigate these changes.

Stakeholder Concerns & Potential Drop in Enrollments

Stakeholders fear the proposed changes could overwhelm USCIS with an estimated 300,000 extra extension petitions annually, leading to longer processing times. Combined with recent travel bans, shorter visa durations for certain nations, and a month-long suspension of visa interviews, experts predict a 30–40% drop in new international student enrollments for the upcoming academic year.