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How do unused family visas spill over to employment-based green cards?
Updated · Not legal advice
Under INA 201(d), the employment-based limit for a fiscal year is 140,000 plus the family preference numbers that went unused in the previous fiscal year. When family numbers go unused, the next year's employment limit grows and EB cutoffs can move faster; when none go unused, the employment limit is just 140,000.
| Type | What moves | When it shows in the bulletin |
|---|---|---|
| Family to employment (between years) | Unused family preference numbers raise next year's EB limit | From October of the next fiscal year |
| Within employment (fall-down) | Unused EB-4/EB-5 to EB-1, EB-1 to EB-2, EB-2 to EB-3 | During the year, often late |
| Across countries (fall-across) | Per-country limit lifted when numbers would go unused | Usually late in a quarter or the year |
How to see this year's number
The State Department usually states the fiscal year's family and employment limits in a bulletin note early in the fiscal year. Read the notes of the October to December bulletins.
Quick answers
- Is there family-to-employment spillover this year?
- Check the bulletin notes early in the fiscal year for the employment limit. Above 140,000 means spillover occurred.
- Why does spillover help India and China less?
- Extra numbers are still subject to per-country rules, so heavily backlogged countries may get only part of them.
- Can unused employment numbers go to family?
- Yes, the family limit formula also counts employment numbers unused the year before.
What to do next: get your Visa Bulletin alert
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Sources
- INA 201, 8 U.S.C. 1151: worldwide levels (Cornell LII)
- INA 203, 8 U.S.C. 1153: preference allocation (Cornell LII)
- U.S. Department of State: Visa Bulletin (current, upcoming and archive)
Checked: November 12, 2026