Understanding the EB-4 Visa
If you are an immigrant seeking to live and work in the United States, you may have heard of the EB-4 Visa. This visa is a special immigrant visa that allows certain individuals to become permanent residents of the United States. In this section, we will help you understand the EB-4 Visa, its requirements, and how to apply for it.
What is the EB-4 Visa?
The EB-4 Visa is an employment-based visa that falls under the Employment-based Fourth Preference category. This visa is designed for special immigrants who are coming to the United States to work in certain fields. The EB-4 Visa is available to a wide range of people, including religious workers, broadcasters, and certain types of healthcare workers.
Who is eligible for the EB-4 Visa?
To be eligible for the EB-4 Visa, you must be considered a special immigrant. This means that you must fall into one of the following categories:
- Religious workers
- Employees of the U.S. government abroad
- Broadcasters
- Iraqi or Afghan translators
- Iraqi or Afghan nationals who have provided faithful and valuable service to the U.S. government
- Physicians
- Members of the Armed Forces
- Panama Canal Zone employees
- Retired NATO-6 employees
How do you apply for the EB-4 Visa?
To apply for the EB-4 Visa, you must first file an Immigrant Petition for Alien Worker (Form I-360) with the United States Citizenship and Immigration Services (USCIS). Once your petition has been approved, you can then apply for an Immigrant Visa (Form DS-260) at a U.S. embassy or consulate in your home country.
When you apply for the EB-4 Visa, you will need to provide a variety of documents, including proof of your qualifications and work experience, as well as evidence that you meet the specific requirements for your category. You may also need to undergo a medical examination and a background check.
Table of Contents
Eligibility and Requirements
To be eligible for an EB-4 visa, you must meet certain criteria. There are several categories of special immigrants who may qualify for this type of visa. In this section, we will discuss the general eligibility criteria and the requirements for each of the sub-categories.
General Eligibility Criteria
To be eligible for an EB-4 visa, you must meet the following requirements:
- You must be a special immigrant as defined by the Immigration and Nationality Act (INA).
- You must have a qualifying relationship with a U.S. employer or organization.
- You must have the required skills, education, or experience to perform the intended job duties.
- You must have a job offer from a U.S. employer or organization.
Special Immigrants
Special immigrants are individuals who are eligible for permanent residence in the United States based on their status as a special immigrant. The following sub-categories of special immigrants may be eligible for an EB-4 visa:
- Certain Physicians: Physicians who are willing to work in a designated underserved area for a certain period of time may be eligible for an EB-4 visa.
- U.S. Armed Forces: Members of the U.S. Armed Forces who have served honorably for a certain period of time may be eligible for an EB-4 visa.
- Special Immigrant Religious Worker: Religious workers who have been employed by a non-profit religious organization for at least two years may be eligible for an EB-4 visa.
Religious Workers
Religious workers are individuals who are coming to the United States to work in a religious capacity. The following sub-categories of religious workers may be eligible for an EB-4 visa:
- Religious Vocation: Individuals who are coming to the United States to work in a religious capacity as a minister or in a religious vocation may be eligible for an EB-4 visa.
- Special Immigrant Religious Workers: Religious workers who have been employed by a non-profit religious organization for at least two years may be eligible for an EB-4 visa.
Broadcasters
Broadcasters are individuals who work in the field of broadcasting. The following sub-category of broadcasters may be eligible for an EB-4 visa:
- Broadcasters: Individuals who are coming to the United States to work in the field of broadcasting may be eligible for an EB-4 visa.
Amerasian, Widow(er)
The Amerasian and Widow(er) sub-categories of special immigrants may be eligible for an EB-4 visa. These individuals must have a qualifying relationship with a U.S. citizen or lawful permanent resident.
In conclusion, to be eligible for an EB-4 visa, you must meet the general eligibility criteria and the requirements for one of the sub-categories of special immigrants. The priority date for an EB-4 visa is the date that the petition was filed. The green card eligibility category for an EB-4 visa is “special immigrant.”
Application Process
If you are interested in applying for an EB-4 visa, you must first determine if you meet the eligibility criteria for this visa category. Once you have determined that you are eligible, you can begin the application process. The application process for the EB-4 visa involves three main steps: Form I-360, Adjustment of Status, and Consular Processing.
Form I-360
The first step in the application process for the EB-4 visa is to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This form must be filed by the petitioner on behalf of the beneficiary. The petitioner may be an employer, a religious organization, a U.S. government agency, or the beneficiary themselves.
Adjustment of Status
If the beneficiary is already in the United States, they may be able to adjust their status to that of a lawful permanent resident without having to leave the country. To do this, they must file Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents and fees.
Consular Processing
If the beneficiary is outside of the United States, they must go through consular processing to obtain their EB-4 visa. Consular processing involves several steps, including a medical examination and the submission of supporting documents. Once the National Visa Center has received all of the necessary documents, they will schedule an interview for the beneficiary at the U.S. consulate or embassy in their home country.
During the application process, the beneficiary may be required to undergo a medical examination and provide proof of certain vaccines. They will also need to provide supporting documents, such as birth certificates, marriage certificates, and police certificates. It is important to ensure that all documents are translated into English and that any required fees are paid in a timely manner.
Overall, the application process for the EB-4 visa can be complex and time-consuming. It is important to work with an experienced immigration attorney to ensure that your application is complete and accurate.
EB-4 Visa Bulletin and Processing Times
If you are considering applying for an EB-4 visa, it is important to understand the visa bulletin and processing times. The visa bulletin is a monthly publication by the U.S. Department of State that provides information on the availability of immigrant visas. It is essential to keep track of the visa bulletin to determine when you can apply for a visa.
April 2023 Visa Bulletin
The April 2023 Visa Bulletin shows that the EB-4 category is current for all countries. This means that visas are available for all applicants, and there is no backlog. However, it is essential to keep in mind that the visa bulletin can change from month to month, and the availability of visas can change as well.
Final Action Dates
The final action dates for the EB-4 visa category are the dates when visas are available for issuance to applicants. The final action date for the EB-4 category is the same as the current date in the visa bulletin. If your priority date is earlier than the final action date, you can apply for a visa.
Dates for Filing
The dates for filing for the EB-4 visa category are the dates when you can submit your application for a visa. If your priority date is earlier than the dates for filing, you can submit your application. However, it is important to note that submitting your application does not guarantee that you will receive a visa. The final action date must be current at the time of visa issuance.
Processing Times
The processing times for the EB-4 visa category can vary depending on several factors, including the number of applications received, the complexity of the case, and the workload of the processing center. The processing times can range from several months to several years. It is important to keep in mind that processing times can change from time to time, and it is essential to check the USCIS website for the most up-to-date information.
In summary, the EB-4 visa category is currently available for all countries, and there is no backlog. However, the visa bulletin and processing times can change from time to time, and it is important to keep track of the visa bulletin and check the USCIS website for the most up-to-date information.
Roles of Different Departments and Organizations
When it comes to the EB-4 visa, there are several departments and organizations involved in the process. Understanding the roles of each entity can help you navigate the application process more effectively.
USCIS
The United States Citizenship and Immigration Services (USCIS) is responsible for processing EB-4 visa applications. They review the application and determine whether the applicant meets the eligibility criteria for the visa. USCIS also conducts background checks and interviews to verify the information provided by the applicant.
Department of State
The Department of State is responsible for issuing visas to foreign nationals. They work with USCIS to ensure that the applicant meets all the requirements for the EB-4 visa. The Department of State also oversees the application process at U.S. embassies and consulates around the world.
International Organizations
Certain international organizations, such as the G-4 International Organization and the United Nations, qualify for the EB-4 visa. These organizations must provide documentation to prove that the applicant is coming to the U.S. to work for the organization in a professional capacity.
United States Agency for Global Media
The United States Agency for Global Media (USAGM) is responsible for overseeing U.S. government-funded media organizations, such as Voice of America and Radio Free Europe. Employees of these organizations may be eligible for the EB-4 visa.
It’s important to note that the roles of these departments and organizations may change over time. For the most up-to-date information on the EB-4 visa application process, refer to the USCIS Policy Manual and Federal Register Notice.
Benefits and Impact of EB-4 Visa
If you are looking to work in the United States, the EB-4 visa category may be the right choice for you. This visa category is designed for special immigrants, including religious workers, employees of international organizations, and other specified categories. Here are some benefits and impacts of the EB-4 visa:
Green Cards and Lawful Permanent Resident Status
The EB-4 visa category leads to lawful permanent resident status, which is also known as a green card. This means that you can live and work in the United States permanently. This is a significant benefit, as it provides you with more stability and opportunities than a temporary work visa.
EB-4 Category
The EB-4 category is a specific category of the employment-based immigrant visa system. This category is reserved for special immigrants, which includes religious workers, employees of international organizations, and other specified categories. This means that you will be competing for a limited number of visas with others in your category.
Legal Permanent Resident
As a legal permanent resident, you will have many of the same rights and responsibilities as a U.S. citizen. You will be able to work and live in the United States permanently, and you will be able to apply for citizenship after a certain period of time. This means that you will have more opportunities to build a life in the United States.
Business Immigration
If you are an employer looking to hire a special immigrant, the EB-4 visa category can be a great option. This category allows you to hire a religious worker, employee of an international organization, or other specified category of worker. This can be a great way to bring in talent from around the world and expand your business.
Employees of International Organizations
If you work for an international organization, the EB-4 visa category can be a great option. This category allows you to obtain permanent residency in the United States, which can be a significant benefit. This can also be a great way to expand your career opportunities and build a life in the United States.
Prospective Employer
If you are a prospective employer looking to hire a special immigrant, the EB-4 visa category can be a great option. This category allows you to bring in talent from around the world and expand your business. This can be a great way to build a diverse and talented workforce and grow your business.
In summary, the EB-4 visa category can be a great option for special immigrants looking to work and live in the United States. This category provides many benefits, including green cards and lawful permanent resident status, and can be a great way to expand your career opportunities and build a life in the United States.
Additional Information and Legal Assistance
Navigating the EB-4 visa process can be complex, and it’s important to have the right information and support. Here are some resources that may be helpful:
Immigration Attorney
An immigration attorney can provide legal guidance and help you navigate the EB-4 visa process. They can assist with filing your application, provide advice on eligibility requirements, and help you understand your legal rights and obligations. If you are considering hiring an immigration attorney, be sure to research their qualifications and experience.
Filing Fees
There are various filing fees associated with the EB-4 visa application process. These fees cover the cost of processing your application and conducting background checks. It’s important to budget for these fees and ensure that you have the necessary funds to cover them.
U.S. Immigration Law
Understanding U.S. immigration law is essential when applying for an EB-4 visa. It’s important to be aware of the eligibility requirements, filing deadlines, and other legal obligations associated with the visa. Online resources and legal guides can provide helpful information, but it’s always a good idea to consult with an immigration attorney for personalized advice.
News Broadcasts
News broadcasts can provide up-to-date information on changes to U.S. immigration policy and visa processing times. Keeping up with the latest news can help you make informed decisions about your visa application.
Special Immigrant Visa
The EB-4 visa category includes a special immigrant visa for certain religious workers, employees of U.S. foreign service posts, retired officers or employees of certain international organizations, and NATO-6 civilian employees. If you believe you may be eligible for a special immigrant visa, it’s important to consult with an immigration attorney to determine your eligibility and navigate the application process.
Medical Examinations
As part of the EB-4 visa application process, you may be required to undergo a medical examination to ensure that you meet certain health requirements. It’s important to schedule this examination as early as possible to avoid delays in processing your application.
Dependents
If you are applying for an EB-4 visa, your dependents may also be eligible to apply for visas. This can include your spouse and unmarried children under the age of 21. It’s important to include all eligible dependents on your application and provide any necessary documentation to support their visa applications.
Sunset Date
The EB-4 visa category is subject to a sunset date, which means that Congress must periodically reauthorize the visa category. If you are considering applying for an EB-4 visa, it’s important to be aware of any upcoming sunset dates and monitor developments in U.S. immigration policy.
Non-profit Organization
The EB-4 visa category includes a special provision for certain employees of non-profit organizations. If you are employed by a qualifying non-profit organization, you may be eligible for an EB-4 visa. It’s important to consult with an immigration attorney to determine your eligibility and navigate the application process.
Sciences
The EB-4 visa category includes a special provision for certain scientists, including researchers and professors. If you are employed in a scientific field, you may be eligible for an EB-4 visa. It’s important to consult with an immigration attorney to determine your eligibility and navigate the application process.
Business
The EB-4 visa category includes a special provision for certain employees of U.S. businesses. If you are employed by a qualifying U.S. business, you may be eligible for an EB-4 visa. It’s important to consult with an immigration attorney to determine your eligibility and navigate the application process.
Salary
The EB-4 visa category includes certain salary requirements for certain types of employees, such as religious workers and employees of non-profit organizations. It’s important to be aware of these requirements and ensure that you meet them before applying for an EB-4 visa.
Frequently Asked Questions
What is the eligibility criteria for EB-4 visa?
To be eligible for an EB-4 visa, you must fall into one of the following categories:
- Religious workers
- Special immigrant juveniles
- Broadcasters
- Iraqi or Afghan translators/interpreters
- International organization employees
- Physicians
How does the EB-4 visa differ from the EB-5 visa?
The EB-4 visa is for special immigrants, while the EB-5 visa is for immigrant investors. The EB-4 visa is intended for individuals who have been working in a specific field, such as religious work or international organization employment, while the EB-5 visa is for individuals who have invested a certain amount of money in a US business.
What are the requirements for a religious worker to obtain an EB-4 visa?
To obtain an EB-4 visa as a religious worker, you must be a member of a religious denomination that has a non-profit religious organization in the US. You must also have been a member of that denomination for at least two years prior to applying for the visa. Additionally, you must be coming to the US to work as a minister or in a religious vocation or occupation.
What is the priority date for EB-4 visa applications?
The priority date for EB-4 visa applications is the date that the US Citizenship and Immigration Services (USCIS) receives your application. This date is important because it determines your place in line for a visa. The USCIS publishes a monthly Visa Bulletin that lists the priority dates for each category of visa.
How much does it cost to apply for an EB-4 visa?
The cost of applying for an EB-4 visa varies depending on the specific circumstances of your case. You will need to pay a filing fee, as well as any additional fees for services like biometrics or premium processing. As of October 2023, the filing fee for an EB-4 visa is $700.
How many EB-4 visas are available each year?
The number of EB-4 visas available each year is subject to an annual cap. As of October 2023, the cap for EB-4 visas is 7.1% of the total number of employment-based visas available each year. This includes both principal applicants and their family members. However, certain categories of EB-4 visas, such as those for religious workers, are not subject to the cap.