Visa Bulletin Unavailable? Your Action Plan for the Oct 1 Green Card Reset
It’s the end of the U.S. government's fiscal year, and you check the Visa Bulletin only to see the word you dread: “Unavailable.”
What does this mean for your employment-based green card application? Don't panic. This status is common in August and September as annual visa quotas are met. Think of it as a temporary pause, not a full stop.
This guide will walk you through exactly what "Unavailable" means, what you should do right now to prepare, and how to be ready for the moment visa numbers reset on October 1, 2025.
TL;DR: Your September Strategy
As the U.S. fiscal year ends, popular employment-based (EB) green card categories often run out of visas. When a category’s annual limit is reached, it becomes “Unavailable,” and no new green cards can be approved until the numbers reset on October 1. Use this time wisely. Prepare your medical exam (Form I-693), get a fresh job verification letter, and map out your strategy so you can file or be approved as soon as the October 2025 Visa Bulletin opens.
Decoding the Visa Bulletin: Key Terms in 60 Seconds
The U.S. immigration system uses two key dates published monthly in the Visa Bulletin. Understanding them is crucial.
- Final Action Dates: This is the big one. If your priority date is earlier than this date, you are eligible to have your green card approved or visa issued. Think of it as the date you can finally get your green card.
- Dates for Filing: This date is typically earlier. If your priority date meets this cutoff, you can submit your Adjustment of Status (I-485) application to USCIS. This lets you get in line for a green card and often apply for work and travel permits.
Important: Each month, USCIS specifies which chart you can use on its Adjustment of Status Filing Charts page. For September 2025, USCIS has instructed all employment-based applicants to use the Final Action Dates chart.
What “Unavailable” Really Means for Your Application
When a category becomes "Unavailable," the impact depends on whether you are applying from within the U.S. or abroad.
For Applicants Abroad (Consular Processing)
The process stops completely. U.S. Embassies and Consulates cannot issue any more immigrant visas in that category until October 1. As the Department of State (DOS) confirmed in its announcement on the EB-2 category, all issuance is paused through September 30.
For Applicants in the U.S. (Adjustment of Status)
The situation is more nuanced. USCIS may still accept your I-485 application if your priority date is current under the designated chart (for September 2025, that's Final Action). However, they cannot approve your green card until a visa number becomes available again. Your case will be "held in abeyance" (put on hold) until the new fiscal year begins. You can read more on USCIS's Visa Retrogression page.
The Bottom Line: No final green card approvals will happen in an "Unavailable" category until fresh visa numbers arrive on October 1.
Your Action Plan: How to Use This Time to Get Ahead
If your category is now "Unavailable," don't just wait. Use September to prepare a file-ready application.
✅ Your Pre-October 1 Checklist
- Book Your Medical Exam (Form I-693): Schedule an appointment with a USCIS-approved doctor using the Find a Civil Surgeon tool. Keep the sealed envelope ready to submit.
- Get a New Employer Verification Letter: Ask your employer for a recent letter on company letterhead confirming your permanent, full-time job offer. It should include your title, duties, salary, and worksite.
- Gather Supporting Documents: Collect essential documents like experience letters, degree evaluations, and certified translations for any documents not in English.
- Verify Current Fees: Fees change. Before submitting, double-check the correct amounts on the official USCIS Fee Schedule (G-1055) and the I-485 form page.
- Affidavit of Support (Form I-864): Good news! Most employment-based applicants are exempt from this requirement. USCIS has discontinued the I-864W waiver form; you now claim the exemption directly on the revised I-485 application.
Advanced Strategies for Long Waits
If your priority date is close or you're facing a long backlog (like EB-2 India), discuss these options with your immigration attorney:
- Interfiling (Transfer of Underlying Basis): If another category (like EB-3) is moving faster and you have an approved I-140 petition in that category, you may be able to switch your pending I-485 to the more favorable category. See the USCIS Policy Manual on Transfers for details.
- AC21 Portability: If your I-485 has been pending for 180 days or more, you may be able to change jobs to a "same or similar" occupational classification without jeopardizing your green card application by filing a Form I-485 Supplement J.
- H-1B Extensions: Under AC21 rules, you may be eligible to extend your H-1B status beyond the usual six-year limit while you wait for your priority date to become current. This is critical for maintaining legal work status.
The October 1 Sprint Plan
Once the clock strikes midnight on September 30, a new fiscal year begins. Here’s what to do.
- Check the October Visa Bulletin: As soon as it's released, check the new Visa Bulletin to see the new cutoff dates.
- Confirm the USCIS Filing Chart: Don't forget this step! Visit the USCIS Filing Charts page to see if you should use the Final Action Dates or Dates for Filing chart for October.
- File or Follow Up:
- If your date becomes current for filing: Submit your fully prepared I-485 application immediately.
- If your pending case becomes current for final action: Approvals can resume. Ensure USCIS has your current medical exam and any other requested evidence.
Frequently Asked Questions (FAQ)
1. Will USCIS accept my I-485 application while my category is "Unavailable"?
It depends. For September 2025, USCIS is using the Final Action chart for employment-based cases. If your priority date isn't current on that chart, you cannot file. If it is, USCIS may accept it but cannot approve it until visa numbers return on October 1.
2. I’m applying from abroad. What’s the difference?
Consulates cannot issue immigrant visas at all when a category is Unavailable. For those in the U.S., USCIS might still accept I-485 applications but cannot grant the final green card.
3. What are "spillovers"?
By law, any unused family-based visa numbers from a fiscal year are "spilled over" and added to the next year's employment-based visa quota. This can sometimes help advance the cutoff dates faster than expected.
4. Does "Current" mean my application will be approved instantly?
No. "Current" simply means a visa number is available for you. Your application still needs to be adjudicated by a USCIS officer, which takes time depending on processing backlogs.
5. Can I switch from EB-2 to EB-3 (or vice versa) to get approved faster?
Yes, this is often possible through an "interfiling" request if you have an approved I-140 petition in both categories. It's a strategic move to discuss with your attorney.
6. I’m stuck in a long backlog. How do H-1B extensions work?
Under the AC21 law, you can typically extend your H-1B status beyond the six-year limit in one- or three-year increments if you have an approved I-140 and are waiting for your priority date to become current.
7. Should I file for an EAD (Work Permit) and Advance Parole (Travel Permit) with my I-485?
Absolutely. Filing for an EAD (Form I-765) and Advance Parole (Form I-131) gives you the flexibility to work and travel while your green card application is pending. Traveling abroad without Advance Parole while your I-485 is pending is generally considered abandoning your application.
Disclaimer: This guide provides general information and should not be considered legal advice. Immigration law is complex, and you should always consult with an experienced immigration attorney regarding your specific situation.