EB-4 Immigrant Visa

The EB-4 visa is an immigrant visa category that allows certain special immigrants to become lawful permanent residents of the United States. Here are key aspects of the EB-4 Immigrant Visa:

  • Eligibility: The EB-4 visa is reserved for specific categories of immigrants, including religious workers, certain employees of U.S. foreign service posts, employees of the Panama Canal Zone, certain retired employees of international organizations, and other special immigrants as defined by U.S. immigration law.
  • Religious Workers: Religious workers eligible for the EB-4 visa include ministers, priests, rabbis, and other religious workers who have been a member of a religious denomination that has a bona fide nonprofit religious organization in the United States for at least two years.
  • Special Immigrants: Other categories of special immigrants eligible for the EB-4 visa include certain physicians, Afghan or Iraqi nationals who have provided faithful and valuable service while working as translators or interpreters for the U.S. government, and certain members of the U.S. armed forces.
  • Application Process: Employers or organizations sponsoring EB-4 visa applicants must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with U.S. Citizenship and Immigration Services (USCIS) on behalf of the applicant.
  • Priority Dates: Like other employment-based immigrant visas, the availability of EB-4 visas is subject to annual numerical limits and visa bulletin priority dates, which may result in waiting periods for visa processing.
  • Green Card Eligibility: Once approved for the EB-4 visa, applicants and their eligible dependents may apply for lawful permanent residency (green card) in the United States, granting them the right to live and work permanently in the country.
  • Conditional Residency: In some cases, EB-4 visa holders may be granted conditional permanent residency, which requires them to fulfill certain requirements within a specified period before the conditions are removed and they obtain unconditional permanent residency.
  • Adjustment of Status or Consular Processing: EB-4 visa applicants can either adjust their status to lawful permanent resident while in the United States or undergo consular processing at a U.S. embassy or consulate abroad, depending on their individual circumstances.
  • Dependents: Dependents of EB-4 visa holders, such as spouses and unmarried children under 21 years old, may accompany them to the United States and apply for derivative green cards based on the principal applicant's EB-4 status.

Navigating the EB-4 visa process requires careful attention to eligibility requirements, documentation, and procedural steps. Employers, organizations, and individuals seeking EB-4 visas should consult with immigration attorneys or accredited representatives to ensure successful application processing and compliance with U.S. immigration laws.