EB-4 Visa

The EB-4 visa is an employment-based, fourth-preference immigrant visa designed for certain “special immigrants.” This category is unique because it focuses on specific groups of individuals rather than qualifications like advanced degrees or extraordinary ability. It provides a pathway to U.S. permanent residency (green card).

Who Qualifies for EB-4?

The EB-4 visa is available to several special immigrant groups, including:

  1. Religious Workers

    • Members of a religious denomination who have been working as a minister, in a religious vocation, or in a religious occupation for at least two years.
    • Must work for a bona fide nonprofit religious organization in the U.S.

  2. Broadcasters

    • Employees of the U.S. Agency for Global Media (or its grantees) coming to the U.S. to work as broadcasters.

  3. Translators and Interpreters

    • Iraqi or Afghan nationals who served as translators or interpreters for U.S. Armed Forces.

  4. Iraqi and Afghan Nationals Who Worked for the U.S. Government

    • Includes individuals who worked for or on behalf of the U.S. government in Iraq or Afghanistan and face threats due to their service.

  5. Certain International Organization Employees

    • Current or former employees of certain international organizations, such as the United Nations, and their eligible family members.

  6. Special Immigrant Juveniles (SIJ)

    • Minors who have been abused, neglected, or abandoned and who need U.S. court protection.

  7. Armed Forces Members

    • Members of the U.S. Armed Forces who meet specific criteria.

  8. Physicians

    • Doctors who have been practicing in underserved areas of the U.S. under certain conditions.

  9. Panama Canal Zone Employees

    • Includes certain former employees of the Panama Canal Company or Canal Zone Government.

  10. Other Special Immigrants

  • Includes retired NATO-6 employees, spouses, and children.

Application Process

The steps for applying for an EB-4 visa vary slightly depending on the specific subcategory. Here’s a general outline:

Step 1: Determine Eligibility

  • Confirm that you meet the specific requirements for one of the EB-4 subcategories.
  • Gather supporting documentation, such as employment records, letters of reference, or proof of service.

Step 2: File Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)

  • The applicant or sponsoring organization must file Form I-360 with the U.S. Citizenship and Immigration Services (USCIS).
  • Supporting documents vary by subcategory but may include:
    • Proof of employment or affiliation.
    • Evidence of qualifications.
    • Letters from employers or organizations.

Step 3: Wait for USCIS Processing

  • USCIS reviews the petition and determines whether the applicant qualifies as a special immigrant.
  • Processing times vary by subcategory and workload at USCIS.

Step 4: Adjustment of Status or Consular Processing

If the I-360 petition is approved and a visa number is available (check the Visa Bulletin):

  • If inside the U.S.: File Form I-485 (Application to Register Permanent Residence or Adjust Status).
  • If outside the U.S.: Complete Form DS-260 and attend an interview at the U.S. embassy or consulate.

Family Members

  • Spouses and unmarried children under 21 may apply for derivative visas and receive green cards alongside the principal applicant.

Benefits of EB-4 Visa

  • Provides a pathway to permanent residency for individuals who may not qualify under other employment-based categories.
  • Many subcategories do not require labor certification (PERM).
  • Some groups, like Special Immigrant Juveniles, are not required to have a job offer.