Are you a special immigrant looking to live and work in the United States? The EB 4 visa might be the right choice for you. This employment-based fourth preference visa is designed for various categories of special immigrants, including religious workers, broadcasters, and certain employees of international organizations.
The EB 4 visa provides a pathway to permanent residency in the U.S., allowing you and your family to enjoy the benefits of living in America.
In this guide, we’ll explain what the EB 4 visa is, who qualifies, and how you can apply.
What is an EB 4 Visa?
The EB 4 visa is an employment-based immigrant visa that allows certain special immigrants to live and work permanently in the United States. This visa is specifically designed for individuals who fall under unique categories that don’t fit into other employment-based visa categories. The EB 4 visa includes:
Religious Workers: Ministers and non-ministers in religious vocations and occupations.
Broadcasters: Professionals working for international broadcasting entities.
Certain Physicians: Medical professionals who meet specific requirements.
Employees of International Organizations: Individuals employed by entities like the United Nations or World Bank.
Armed Forces Members: Current or former members who have served honorably.
Special Immigrant Juveniles: Unmarried children under 21 who have been abused, neglected, or abandoned.
Afghan and Iraqi Translators: Individuals who have worked with the U.S. armed forces.
Other Special Categories: Various other groups specified under U.S. immigration law.
Each category has its own specific requirements and application processes, making the EB 4 visa a versatile option for many special immigrants.
Eligibility Criteria for EB 4 Visa
Religious Workers
To qualify as a religious worker under the EB 4 visa category, you must meet the following requirements:
Religious Vocation or Occupation: You must be coming to the U.S. to work in a religious vocation or occupation. This can include ministers, missionaries, and other religious professionals.
Employment Offer: You must have a job offer from a non-profit religious organization in the U.S.
Proof of Religious Work: Provide evidence of at least two years of religious work experience, either abroad or in the U.S., immediately before filing the petition.
Membership: You must be a member of a religious denomination with a bona fide non-profit religious organization in the U.S. for at least two years before applying.
Broadcasters
To qualify as a broadcaster under the EB 4 visa category, you must:
Employment with USAGM: Be employed in a professional capacity as a broadcaster for the United States Agency for Global Media (USAGM) or its grantee.
Job Role: Your role should involve media work, such as reporting, writing, translating, editing, or producing.
Other Special Immigrants
This category includes several subcategories, each with its own requirements. Some of these include:
Special Immigrant Juveniles: Unmarried children under 21 who are dependents on a juvenile court due to abuse, neglect, or abandonment.
Employees of International Organizations: Must have been employed by a qualifying international organization and be coming to the U.S. to continue their work.
Armed Forces Members: Must have served honorably for at least 12 years on active duty after October 15, 1978.
Afghan and Iraqi Translators: Must have worked for the U.S. armed forces for at least one year.
Each of these categories requires specific supporting evidence, such as employment verification, court records, or military service records.
By meeting the eligibility criteria for one of these subcategories, you can take the next steps towards obtaining an EB 4 visa and achieving permanent residency in the United States.
Applying for an EB 4 visa involves several steps, depending on your specific category. Here’s a detailed guide to help you through the application process:
Step 1: Determine Eligibility
Ensure you meet the eligibility criteria for your specific EB 4 subcategory, such as religious workers, broadcasters, or employees of international organizations. Gather all necessary supporting documents, such as proof of employment, religious training or affiliation, or previous service records.
Step 2: File Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
For Religious Workers: Your U.S. employer (religious organization) must file Form I-360 on your behalf.
For Other Special Immigrants: Depending on your category, you or your employer must file Form I-360. For example, broadcasters must have their petition submitted by the United States Agency for Global Media (USAGM) or a grantee of the USAGM.
Step 3: Gather Supporting Documents
Collect comprehensive documentation to support your Form I-360 petition. This includes:
Proof of Employment: Employment offer letters, contracts, or verification letters.
Evidence of Qualifications: Certificates, licenses, or other documents proving your qualifications.
Tax-Exempt Status: For religious organizations, provide a valid IRS determination letter showing tax-exempt status.
Financial Documents: Evidence of how the employer will compensate you, such as past compensation records, budgets, or tax returns.
Step 4: Submit Petition
Submit Form I-360 and all supporting documents to the U.S. Citizenship and Immigration Services (USCIS). Pay the required filing fee. USCIS will review your petition and may request additional information.
Step 5: Wait for Visa Availability
After your Form I-360 petition is approved, you must wait for an immigrant visa number to become available. The availability of visa numbers is determined by the Visa Bulletin published monthly by the U.S. Department of State. Your priority date (the date your Form I-360 petition was filed) must be current for you to proceed.
Step 6: Apply for an Immigrant Visa or Adjust Status
If Outside the U.S.: Apply for an immigrant visa at a U.S. Embassy or Consulate in your home country. This involves submitting Form DS-260 and attending a visa interview.
If Inside the U.S.: File Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This form adjusts your status from a nonimmigrant visa holder to a lawful permanent resident.
Step 7: Attend the Visa Interview or Biometrics Appointment
You will be scheduled for a visa interview (if outside the U.S.) or a biometrics appointment (if inside the U.S.). During the interview, a consular officer will review your application and documents. If applying from within the U.S., an immigration official from USCIS will take your fingerprints and conduct a background check.
Step 8: Receive Your Green Card
If your application is approved, you will receive your immigrant visa or green card, allowing you to live and work permanently in the United States.
Advantages of the EB 4 Visa
The EB 4 visa offers several benefits for special immigrants and their families:
Path to Permanent Residency
The EB 4 visa grants you and your family lawful permanent resident status in the United States. As a green card holder, you can live and work permanently in the U.S.
No Labor Certification Required
Unlike many other employment-based visas, the EB 4 visa does not require labor certification. This simplifies the application process and reduces the time needed to obtain the visa.
Job Flexibility
Once you have your green card, you have greater flexibility to change jobs or employers. You are not tied to the employer who sponsored your EB 4 visa, giving you the freedom to pursue new opportunities.
Path to Citizenship
As a green card holder, you are on the path to U.S. citizenship. After holding your green card for five years, you can apply for naturalization and become a U.S. citizen, gaining the full rights and privileges of citizenship.
Common Challenges to Obtaining an EB 4
Failure to Meet Eligibility Criteria: Each category under the EB-4 visa has specific eligibility requirements. For example, religious workers must demonstrate their qualifications and employment history within a religious denomination. Iraqi or Afghan translators and interpreters must prove their employment and the threat they face due to their work. If an applicant fails to meet these criteria, their petition may be denied.
Ineligibility for Adjustment of Status: If an applicant is already in the United States and seeks to adjust status to that of a lawful permanent resident (green card holder), they must meet certain eligibility requirements. For example, they must have entered the U.S. lawfully, be admissible, and not have violated immigration laws. Any past immigration violations or inadmissibility issues could prevent adjustment of status.
Incomplete or Inaccurate Documentation: Providing thorough and accurate documentation is crucial for any visa application. Failure to submit required documents or providing incomplete or fraudulent information can lead to a denial of the petition.
Admissibility Issues: Certain grounds of inadmissibility, such as criminal history, health-related issues, or past immigration violations, could prevent someone from being approved for an immigrant visa or adjustment of status.
Quota Limitations: The number of available visas in the EB-4 category may be limited, especially for certain special immigrant categories. If the annual visa quota has been reached, an applicant may need to wait until the next fiscal year for visa availability.
Changes in Immigration Policies or Regulations: Immigration policies and regulations can change over time, impacting visa eligibility criteria or application procedures. It’s essential to stay updated on current immigration laws and policies.
Insufficient Evidence of Eligibility: USCIS requires applicants to provide substantial evidence to support their eligibility for the EB-4 visa. If an applicant fails to provide convincing evidence of their qualifications or the nature of their employment, their petition may be denied.
Security Concerns: In cases where an applicant’s background raises security concerns, additional scrutiny may be applied to the application, potentially leading to delays or denial.
Family Members and the EB 4 Visa
One of the significant benefits of the EB 4 visa is that it allows your immediate family members to join you in the United States. Here’s how your family can also benefit from your EB 4 visa approval:
Eligibility for Family Members
Your spouse and unmarried children under the age of 21 are eligible to apply for derivative visas, which means they can receive green cards based on your approved EB 4 visa petition. This allows them to live, work, and study in the United States.
Application Process for Family Members
If Outside the U.S.
Consular Processing: Your family members will need to apply for their immigrant visas at a U.S. Embassy or Consulate in their home country.
Form DS-260: Each family member must complete and submit Form DS-260, Immigrant Visa and Alien Registration Application.
Medical Examination and Interview: Your family members will need to undergo a medical examination and attend an interview at the U.S. Embassy or Consulate.
If Inside the U.S.
Adjustment of Status: If your family members are already in the United States, they can apply to adjust their status to permanent residents.
Form I-485: They will need to file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
Rights and Benefits for Family Members
Upon approval, your spouse and children will receive their green cards, granting them the same rights and privileges as you, including:
Right to Live and Work: They can live and work permanently in the United States.
Access to Education: Your children can attend U.S. schools and universities.
Travel Flexibility: They can travel in and out of the United States with fewer restrictions.
By including your family in your EB 4 visa application, you can ensure that your loved ones can join you in the United States and benefit from the opportunities and stability that come with permanent residency.
EB 4 Start Your Journey to United States Citizenship
The EB 4 visa provides a valuable pathway for special immigrants, including religious workers, broadcasters, and certain employees of international organizations, to achieve permanent residency in the United States. This visa offers several advantages, including less stringent requirements compared to other employment-based visas, the ability to bring your family, and the opportunity to live and work in the U.S. permanently.
Understanding the eligibility criteria, following the application steps carefully, and addressing any challenges that arise are crucial for a successful EB 4 visa application. The benefits of this visa extend to your spouse and children, allowing them to join you and enjoy a stable and prosperous life in the United States.
By preparing thoroughly and seeking professional advice from an immigration attorney when needed, you can make the most of the EB 4 visa opportunity. This visa not only opens doors to a new life in the U.S. but also sets the stage for your future success and eventual path to U.S. citizenship.
