Disclaimer: This article is provided by PassRight for general informational purposes only and does not constitute legal advice. It is not a substitute for consultation with a licensed immigration attorney. Immigration law is complex and subject to change. PassRight is not a law firm, and the use of this information does not create an attorney-client relationship. Please consult with a qualified immigration attorney to discuss your specific circumstances.
Why Has the Visa Bulletin Stalled in Late 2025?
If you are tracking the U.S. Department of State’s monthly Visa Bulletin, you have likely observed that the Final Action Dates for employment-based (EB) green card categories have seen minimal movement this year. This stagnation is a source of anxiety for many, but understanding its causes is the first step toward building a sound strategy.
This slowdown is the result of several factors. High demand for visas from countries like India and China has created significant backlogs. Additionally, USCIS has been carefully managing the issuance of green cards to stay within the annual numerical limits set by Congress. The U.S. government’s fiscal year, which runs from October 1 to September 30, plays a significant role. September, being the last month of the fiscal year, typically sees a halt in visa issuance as the annual quotas are exhausted.
For founders, entrepreneurs, and employers navigating this landscape at the close of Fiscal Year (FY) 2025, it is crucial to recognize that these delays are systemic. Your case is not stalled in isolation; it is part of a broader, predictable pattern.
The Impact of Stagnation on Your Business and Talent
When the Visa Bulletin remains static, the consequences extend beyond a date on a chart.
- For Founders and Key Personnel: Delays can jeopardize the stability of essential team members, including founders themselves. An individual’s inability to secure permanent residence can create uncertainty, potentially diverting focus from core business objectives to immigration concerns.
- For Employers: Strategic workforce planning becomes exceedingly difficult. The inability to predict when a valued employee will transition from a temporary work visa (like an H-1B or L-1) to a green card makes long-term project and team allocation challenging. This uncertainty can lead to top talent seeking opportunities in countries with more predictable immigration systems. Furthermore, the recurring costs of extending temporary visas, including legal and filing fees, place a tangible financial burden on the business.
Strategic Pathways: Separating Founder and Employer Options
It is critical to distinguish between immigration categories that allow an individual to self-petition and those that require employer sponsorship. The strategies for each are fundamentally different.
For Founders & Exceptional Individuals: Self-Petitioned Categories
For founders, researchers, and other professionals with extraordinary achievements, certain visa categories allow you to petition for yourself without an employer sponsor or the lengthy PERM labor certification process.
- EB-1A Extraordinary Ability: This category is for individuals who have reached the pinnacle of their field. It requires demonstrating sustained national or international acclaim through evidence like major awards, significant press coverage about your work, or other proof of your leading role in your industry. For a startup founder, this could be tied to groundbreaking technology, significant funding, or industry-shaping innovations.
- EB-2 National Interest Waiver (NIW): This is a powerful option for individuals whose work is in the “national interest” of the United States. A founder whose company is advancing U.S. competitiveness in a critical sector like AI, renewable energy, or biotechnology may qualify. The key is to prove that your contributions are of such merit that the U.S. should waive the standard requirement of a job offer and the associated PERM process.
For Employers: Sponsoring Your Valued Employees
A When sponsoring an employee for a green card, the process is employer-driven and typically requires demonstrating that there are no qualified U.S. workers available for the position.
- PERM Labor Certification: For most EB-2 (except NIW) and EB-3 petitions, the employer must first complete the PERM process with the Department of Labor. Crucial Strategy: Do not wait for the Visa Bulletin dates to become current to start this process. Filing the PERM application early establishes the employee’s “priority date”—their place in the green card line. Waiting only puts your employee further behind when the dates eventually move.
- EB-1B Outstanding Professor or Researcher: This category is for academic institutions or research-focused companies to sponsor internationally recognized academics.
- EB-1C Multinational Manager or Executive: This is an excellent option for transferring a manager or executive from a foreign entity to a related U.S. company. The employee must have worked in a managerial or executive capacity for the foreign company for at least one year in the preceding three years. This category also avoids the PERM process.
Advanced Strategy: Transferring the Basis of a Pending Green Card Application
For individuals who already have an approved immigrant petition (Form I-140) in a backlogged category, such as EB-2, and are facing a lengthy wait for their priority date to become current. For many a key strategy to accelerate the green card process, which might involve qualifying for and filing a new petition in a category with a more favorable visa bulletin, such as EB-1A.
For example, an employee who initially had an employer-sponsored EB-2 petition filed on their behalf might, over time, build a profile that meets the criteria for EB-1A Extraordinary Ability. If the EB-1 category is more current for their country of birth, they could file an EB-1A petition and, once approved, apply for the AoS/NVC. This can potentially bypass years of waiting in a backlogged category.
Retaining Talent During the Wait: An Employer’s Playbook
Employee retention is paramount during long backlogs. Employers can take concrete steps to provide stability and support:
- Maintain Lawful Status: Proactively manage the extension of nonimmigrant visas (e.g., H-1B, L-1, O-1) to ensure the employee maintains work authorization.
- Communicate Transparently: Provide regular, clear updates on the status of their case and the Visa Bulletin. An informed employee is less anxious and more likely to remain loyal.
- Offer Financial Support: Covering the legal and filing fees associated with visa extensions and the green card process demonstrates a strong commitment to your employee.
- Explore Premium Processing: Where available (e.g., for the I-140 petition), use premium processing to shorten adjudication times and provide certainty faster.
Looking Ahead: The October 2025 Visa Bulletin and FY 2026
The start of the new fiscal year on October 1, 2025, resets the annual allocation of green cards. This is historically when we see the most significant forward movement in the Visa Bulletin.
The October 2025 Visa Bulletin has already shown a positive sign by allowing applicants in many categories to use the “Dates for Filing” chart. This permits individuals to submit their Adjustment of Status (I-485) application sooner, even if their priority date is not yet current for final approval. Filing the I-485 allows the applicant to secure benefits like a work permit and travel authorization, providing significant stability during the wait.
As we move into FY 2026, stay alert for potential legislative or policy changes, such as visa recapture (reusing expired visa numbers from previous years) or adjustments to per-country caps, which could dramatically impact wait times.
Final Thoughts
While the 2025 Visa Bulletin stagnation has been a source of frustration, it is a cyclical and manageable part of the U.S. immigration system. A proactive, well-informed strategy is the key to navigating this period successfully. Whether you are a founder pursuing a self-petitioned path or an employer sponsoring key talent, understanding your options and planning ahead will ensure you are ready to act the moment the opportunity arises.
FAQ:
I’m a founder. Which EB-1 option is most relevant for me?
For most startup founders, the EB-1A Extraordinary Ability category is the most direct path if you can document significant achievements and a leading role in your field. The EB-1C Multinational Manager is also an option, but only if you have an existing, qualifying corporate structure abroad that you managed before transferring to the related U.S. entity.As an employer, should I wait for the Visa Bulletin to move before starting the PERM process for my employee?
No. You should start the PERM process as soon as possible. Waiting until the dates are current will put your employee at the back of a very long line.What should I watch for as FY 2026 begins?
Monitor the October Visa Bulletin closely for forward movement in the Final Action Dates. Also, confirm if USCIS will continue to honor the “Dates for Filing” chart, which allows for earlier submission of the I-485 application. Finally, stay informed about any potential immigration policy changes from Congress or the administration.Can I switch from an employer-sponsored EB-3 to a self-petitioned EB-2 NIW?
Yes, this is possible. You can file a new EB-2 NIW petition while your EB-3 case is pending. If the NIW is approved and your priority date is “current” in the EB-2 category, you could potentially use that to adjust your status, possibly retaining the earlier priority date from your EB-3 filing. This is a complex area of immigration law, and you should consult with an attorney to confirm the best strategy for your specific case
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