EB4

The EB-4 visa is a category within the U.S. employment-based immigration system reserved for Certain Special Immigrants. Unlike other employment-based categories like EB-1, EB-2, or EB-3, the EB-4 visa does not primarily focus on specific professional qualifications or extraordinary abilities. Instead, it caters to individuals who fall into particular categories, such as religious workers, broadcasters, certain employees of the U.S. government, and others who meet specific criteria.

Who Qualifies for the EB-4 Visa?

The EB-4 category covers a wide range of special immigrant subcategories, including but not limited to:

1. Religious Workers: Ministers and non-minister religious workers (such as those performing religious vocations or occupations) employed by a nonprofit religious organization in the United States. This subcategory includes clergy, monks, missionaries, and other religious professionals.

2. Broadcasters: Employees of the U.S. Agency for Global Media (USAGM) or its broadcasting services, including Voice of America and Radio Free Europe/Radio Liberty, who work in the U.S.

3. Special Immigrant Juveniles (SIJ): Children who are in the United States and need protection due to abuse, abandonment, or neglect by their parents. This status allows these children to apply for an EB-4 visa to obtain permanent residency.

4. Certain U.S. Government Employees Abroad: Employees of the U.S. government or an international organization who have served for a certain period in a designated overseas position.

5. Retired Employees of International Organizations: Individuals who have worked for an international organization for a long period, along with their spouses and unmarried children, may be eligible under this category.

6. Armed Forces Members: Current and former members of the U.S. Armed Forces who meet specific criteria.

7. Iraqi and Afghan Translators/Interpreters: Individuals who have worked directly with the U.S. Armed Forces or under Chief of Mission authority as translators or interpreters.

8. Employees of the Panama Canal Zone: Certain employees who served with the U.S. Government in the former Panama Canal Zone.

9. Physicians: Certain doctors who have been practicing medicine in a U.S. state since January 9, 1978, and meet specific requirements.

Application Process for the EB-4 Visa

The application process varies depending on the subcategory, but generally, it involves the following steps:

1. Filing Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)

• Most EB-4 applicants, or their employers, must file Form I-360 with U.S. Citizenship and Immigration Services (USCIS). For religious workers, a sponsoring organization typically files this form.

• The form includes specific documentation to support eligibility, which varies depending on the subcategory. For instance, religious workers must provide proof of membership in a religious denomination, evidence of employment, and more.

2. Priority Date and Visa Bulletin

• Once Form I-360 is filed, a Priority Date is assigned. Due to the annual visa limits, applicants must monitor the Visa Bulletin to determine when their priority date becomes current.

• Retrogression can occur in some EB-4 categories, particularly for religious workers from specific countries, which may lead to longer waiting times.

3. Adjustment of Status or Consular Processing

• When the applicant's priority date becomes current, they can file Form I-485 (Application to Register Permanent Residence or Adjust Status) if they are in the United States.

• If the applicant is outside the U.S., they must go through consular processing at a U.S. embassy or consulate in their home country.

Requirements and Documentation

• The requirements for the EB-4 visa depend on the specific subcategory. For example, religious workers must show at least two years of membership in a religious denomination and prove that they have been working in a religious vocation or occupation.

• Documentation can include employment verification letters, evidence of religious work or membership, detailed job descriptions, and any other supporting evidence required by USCIS for the specific subcategory.

Visa Limits and Availability

• The EB-4 visa category is subject to an annual cap. Approximately 7.1% of the worldwide employment-based visas are allocated to the EB-4 category.

• Visa availability and waiting times vary depending on the country of origin and the specific subcategory. The Visa Bulletin published monthly by the Department of State indicates the availability of visas for each category and provides updates on final action dates.

Advantages of the EB-4 Visa

• Diverse Categories: The EB-4 category provides an immigration pathway for individuals who may not fit into the traditional employment-based categories.

• Direct Path to Permanent Residency: Like other employment-based categories, the EB-4 visa grants successful applicants and their immediate family members (spouse and children under 21) permanent residency in the U.S.

Conclusion

The EB-4 visa category serves a unique group of individuals, offering a path to U.S. permanent residency for certain special immigrants, such as religious workers, government employees, and others. Due to its diverse subcategories, understanding the specific requirements and eligibility criteria for each is crucial for a successful application.

If you believe you qualify for an EB-4 visa, DIY My Green Card provides guidance and resources to help navigate the complexities of the application process. Contact us to learn how we can support your journey toward permanent residency.