Can EB-1 visas run out?

In theory, yes. The EB-1 is part of the employment-based immigration visa system, which is subject to annual limits set by law. Like any category within that system, EB-1 has an allotted number of visas per cycle and, in theory, that supply can run out.

In practice, EB-1 tends to be one of the least congested categories, because historically demand has generally fit within the available supply. When demand from a group of countries or a subcategory grows significantly, a priority date retrogression can occur, meaning a backlog that requires applicants to wait until a visa number becomes available.

It is worth keeping in mind that this situation is not static:

• The limits apply globally to employment-based visas and are distributed among the categories.
• Backlog pressure shifts depending on country of chargeability and the volume of applications.
• Changes in the broader immigration landscape can affect the headroom that EB-1 typically enjoys.

Since availability is reviewed periodically, the best approach is to monitor the current situation through official sources, such as visa bulletins, and evaluate your case with an immigration specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.