The EB-4 visa
The EB-4 visa is a fourth-preference employment-based immigrant visa, for special immigrants such as religious workers, broadcasters, physicians, employees of international organisations and members of the armed forces.
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What is the EB-4 visa?
The EB-4 visa is an employment-based visa category for certain special immigrants permitted to live and work long term in the United States. This category is designed for individuals eligible under specific groups, including religious workers, broadcasters, certain physicians, employees of international organisations, and members of the armed forces.
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Eligibility for the EB-4
To be eligible for an EB-4 visa, the applicant must meet the eligibility requirements for one of the specific groups under the fourth employment-based preference. The common groups are as follows:
- Religious workers:Individuals coming to the United States to work in a religious occupation or vocation, such as a minister, priest or religious professional.
- Broadcasters:Individuals working in a professional capacity as a broadcaster for an international broadcasting entity, such as Voice of America.
- Certain physicians:Physicians willing to work in a designated shortage area for a specified period or who have a waiver of the two-year foreign residence requirement.
- Employees of international organisations:Individuals who have worked for qualifying international organisations, such as the United Nations or the World Bank, and are coming to the United States to continue their work.
- Members of the armed forces:Current or former members of the US Armed Forces who meet certain criteria, including at least 12 years of honourable service.
These are only some examples of the groups within the EB-4 visa. Each group has its own specific requirements, so the United States Citizenship and Immigration Services (USCIS) website should be reviewed or an immigration lawyer consulted to determine eligibility.
The list of documents to prepare
The specific documents required for an EB-4 visa application depend on the group selected. Generally, the following documents are required:
- A completed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- Supporting documents to establish eligibility for the selected group (for example: religious worker certification, employment verification, a medical waiver, military records, and so on)
- Passport-style photographs
- Evidence of identity and nationality
- Evidence of a change of name (where applicable)
- A birth certificate
- A marriage certificate(where applicable)
- Police certificates
- Form I-864 (Affidavit of Support)from the sponsor, where required
- Medical examination records
- Visa application and processing fees
Note that this is a general list, and the specific documents may vary based on individual circumstances and the group selected.
The EB-4 application process
The EB-4 visa application process usually comprises the following steps:
- File Form I-360:The petitioner, usually an employer or organisation, must file Form I-360 with United States Citizenship and Immigration Services (USCIS). This form serves as the petition to establish the special immigrant’s eligibility under the selected group. The evidence and documents required vary with the particular group.
- Review by United States Citizenship and Immigration Services (USCIS):United States Citizenship and Immigration Services (USCIS) reviews the I-360 petition and the supporting documents to determine whether the applicant meets the eligibility requirements for the selected group. This review includes verifying the authenticity and accuracy of the information provided.
- Approval of Form I-360:Where United States Citizenship and Immigration Services (USCIS) determines that the applicant meets the eligibility criteria, it approves the I-360 petition. The petitioner and the beneficiary are notified of the approval.
- Visa availability:Visa availability for the EB-4 group depends on the particular group and the country of origin. Some groups may be subject to an annual numerical quota, while others are not. The visa bulletin issued by the US Department of State should be checked to determine visa availability.
- Adjustment of status or consular processing:Once a visa is available, the beneficiary may proceed with adjustment of status or consular processing.
- Adjustment of status:Where the beneficiary is already in the United States, they may file Form I-485 to apply for adjustment of status in order to obtain lawful permanent resident status (a green card) without leaving the country. This process involves additional forms, fees and supporting documents.
- Consular processing:Where the beneficiary is outside the United States, they go through consular processing at the US embassy or consulate in their home country or country of residence. They need to attend an interview, submit additional documents and undergo medical and security checks.
EB-4 processing times
The current processing time for Form I-360 is 3 months according to historical data fromUnited States Citizenship and Immigration Services (USCIS).
After the I-360 petition is approved,the applicant must wait for a visa to become available. Processing times may vary with the applicant’s nationality.
Once a visa is available, the applicant may proceed to file the green card application. Where the applicant is already present in the United States, they may file Form I-485 to adjust status. The average processing time for employment-based I-485 applications is usually 7 months.
For applicants filing from outside the United States, the file is transferred to the National Visa Center (NVC). The National Visa Center then transfers the application to the nearest US embassy or consulate, which arranges the interview. The waiting time at this stage varies with the applicant’s country of residence.
To check the progress of an application, the applicant may use theprocessing times toolof United States Citizenship and Immigration Services (USCIS) for a general estimate of application processing times.
It is important to note that processing times may change, and individual circumstances may also affect the timeline.
EB-4 visa costs
For applicants within the United States
- Form I-360(Petition for Amerasian, Widow(er), or Special Immigrant):
- Filing fee: USD 515
- Immigrant fee: USD 235
- Form I-485(application to adjust status):
- Filing fee: USD 1,440
For applicants outside the United States
- Form I-360(Petition for Amerasian, Widow(er), or Special Immigrant):
- Filing fee: USD 515
- Form DS-260(green card application):
- Filing fee: USD 345
- Form I-864(“Affidavit of Support”):
- Filing fee: USD 120
Frequently asked questions (FAQ)
Depending on the group, the applicant may need a sponsoring employer, religious organisation, international organisation or the US Armed Forces to file the petition on their behalf.
Some groups within the EB-4 visa are subject to an annual numerical quota, while others are not. Visa availability for each group depends on demand and the annual quotas set by the US Department of State.
The EB-4 visa is usually tied to a specific employer or organisation. However, some groups, such as religious workers, may have greater flexibility to change employer.
Yes, the applicant may include a spouse and unmarried children under 21 as dependants in the EB-4 visa application. They may be eligible for derivative benefits and may accompany or follow to join in the United States.
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