As a religious worker, journalist, or other individual seeking to immigrate to the United States in a special occupation, you may be eligible for an EB-4 visa. This visa provides a pathway for foreign nationals with special skills or who fill certain religious roles to obtain lawful permanent residence in the U.S. It includes several subcategories: religious workers, broadcasters, Iraqi and Afghan translators, physicians, and other workers. If you meet the eligibility criteria for one of these categories, the EB-4 visa could be an excellent option to gain permanent residence and the ability to live and work in the U.S. indefinitely.
The process to obtain an EB-4 visa, however, does require time, paperwork, and patience. This guide will provide an overview of the EB-4 visa, eligibility criteria, processing times, application steps, and more to help you better understand and navigate the EB-4 visa process. With the proper preparation and documentation, an EB-4 visa could help you achieve your goal of immigrating to the U.S.
EB-4 Visa Eligibility
To be eligible for an EB-4 visa, you must meet certain requirements. Specifically, you must be a religious worker, broadcaster, Iraqi/Afghan translator, or family member of a special immigrant.
Also see: Eb-3 Eligibility
Also see: Eb-2 Eligibility
Religious Workers
If you are a religious worker, you must have been a member of your religious denomination for at least two years. You must be entering the U.S. to work in a religious vocation or occupation for a non-profit religious organization in the U.S. The organization must have tax-exempt status in the U.S.
Broadcasters
To qualify as a broadcaster, you must have exceptional ability in the arts and intend to work in the U.S. for a nonprofit organization or U.S. broadcast station in a radio, television, or other media position.
Translators
Iraqi and Afghan translators must have worked directly with the U.S. Armed Forces as translators or interpreters for at least 12 months. Family members must establish a relationship with a principal special immigrant.
Step-by-Step Guide to Applying for an EB-4 Visa
The application involves these steps:
Securing a PERM Certification
First, your employer will file a PERM labor certification application with the Department of Labor to verify there are no qualified U.S. workers for your position. The DOL will audit and approve the PERM, certifying the job opportunity.
Filing Form I-140
Second, your employer will file Form I-140, Immigrant Petition for Allen Worker, with U.S. Citizenship and Immigration Services (USCIS) to establish your eligibility for an EB-4 visa. USCIS will review your petition and supporting documents to determine if you meet the requirements.
Attending Follow-Up Appointments
You may need to attend an interview at a local USCIS office and provide additional evidence to establish your eligibility. USCIS will adjudicate your 1-140 petition. If approved, you will receive a notice to proceed to the next step.
Preparing and Submitting the Green Card Application
Fourth, you will submit Form 1-485, Application to Register Permanent Residence or Adjust Status, to apply for a green card. You must include evidence of your approved 1-140 and eligibility for an EB-4 visa.
Adjustment of Status or Consular Processing
Finally, you will either pursue adjustment of status if you are in the US or consular processing if you are abroad. USCIS, or the Department of State, will review your green card application, conduct any required interviews, and adjudicate your application. If approved, you will receive your green card or an immigrant visa to enter the U.S.
EB-4 Visa FAQs: Answers to Common Questions
The EB-4 visa category can raise many questions for applicants. Below are some of the most frequently asked questions about EB-4 visas and corresponding answers:
What is the EB-4 visa category?
The EB-4 visa category includes several subcategories: the EB-4 Religious Workers visa, the EB-4 Special Immigrant Juvenile visa, and the EB-4 Certain Public Benefits recipients. These subcategories allow foreign nationals to obtain U.S. permanent residence if they meet specific eligibility criteria, such as working for a religious organization or receiving certain public benefits.
How long does EB-4 visa processing take?
EB-4 visa processing times can vary depending on the USCIS workload and background check requirements. However, applicants can generally expect the entire EB-4 visa process to take between 1 and 3 years. The PERM labor certification alone usually takes between 6 and 18 months. USCIS aims to adjudicate I-140 petitions within 6 months, but this can take longer in some cases. Adjustment of status (form I-485) and consular processing also add to total processing times.
What are the EB-4 visa eligibility criteria?
To be eligible for an EB-4 visa, applicants must meet criteria specific to the subcategory under which they are applying. For example, religious workers must have been members of their religious organization for at least 2 years. Special immigrant juveniles must be declared dependent on a juvenile court. EB-4: Certain public benefits recipients must have received a qualifying benefit for at least 5 years. Additional requirements related to work experience, education, job offer, and more may also apply depending on the subcategory.
What forms and documents are required for an EB-4 visa?
The forms and documents required for the visa include, but are not limited to: Form I-140, Form I-485, or DS-260; a medical examination report; birth or marriage certificates; evidence of eligibility such as letters of experience or court declarations; and more. The full EB-4 visa document checklist contains a comprehensive list of required forms and documents.
Conclusion
The EB-4 visa provides a path to permanent residency for certain special immigrants. While the application process involves multiple steps, if you ensure you meet all eligibility criteria and submit a complete, accurate application with all required evidence, you have a good chance of being approved. With an EB-4 green card in hand, you gain the ability to live and work permanently in the U.S., open a business, buy property, and travel freely. For many, obtaining this visa and pursuing the American Dream is well worth the effort required. If you prepare thoroughly and remain patient throughout what can be a lengthy process, you will find yourself holding that coveted green card and embarking on your new life as a permanent resident of the United States.
