EB-4 Visa

Who can apply for the EB-4 Visa?

This U.S. visa category is designed for ‘special immigrants.’ Some of the subgroups under the EB-4 Visa include:

• Broadcasters in the United States
  • Individuals employed by the International Bureau of the Broadcasting Board of Governors or grantees of these organizations
• Ministers of Religion and some eligible religious workers
• Certain Employees or Former Employees of the U.S. Government Abroad
• Certain Former Employees of the Panama Canal Company or Canal Zone Government
• Certain Former Employees of the U.S. Government in the Panama Canal Zone
• Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1^st 1979
• Iraqi and Afghan interpreters or translators
  • This visa is for people who worked with the U.S. Armed Forces or under the authority of the Chief of Mission (COM) for a period of at least 12 months. There is an annual limit of 50 of these visas
• Iraqi and Afghan nationals who have provided faithful and valuable service
  • This category is for individuals who were employed by or on behalf of the U.S. government in Iraq for at least 12 months on or after March 20^th 2003 and prior to September 30th 2012
  • Individuals may also have been employed by the International Security Assistance Force (ISAF) or a successor mission in Afghanistan for a period of at least two years between October 7^th 2001 and December 31^st 2022
  • To qualify, individuals should have experienced an ongoing serious threat as a consequence of this employment
• Certain Foreign Medical Graduates
• Certain Retired International Organization Employees
• Certain Unmarried Sons and Daughters of International Organization Employees
• Certain Surviving Spouses of deceased International Organization Employees
• Special Immigrant Juveniles (where there are no family member derivatives)
• Persons Recruited outside of the United States who have served or are enlisted to serve in the U.S. Armed Forces
• Certain retired NATO-6 civilians
• Certain Unmarried Sons and Daughters of NATO-6 civilians
• Certain Surviving Spouses of Deceased NATO-6 civilian employees
• Persons who are beneficiaries of petitions or labor certification applications filed prior to September 11^th 2001
  • And where the petition or application was rendered void due to a terrorist act on September 11^th 2001
• Certain Religious Workers or those in an eligible religious occupation

What are the requirements of the EB-4 Visa?

The EB-4 Visa requirements depend on the type of visa being applied for. Some of the most common requirements are outlined below:

Religious Worker

• The Religious Worker must have been a member of a religious order with a bona fide, nonprofit organizational structure in the U.S.
• The purpose is to work solely as a minister within the organization, in a religious vocation capacity or religious occupation in a professional or nonprofessional capacity

Panama Canal Zone Employee

• To apply, applicants must have been former employees of the Panama Canal Zone and their spouses and children
• This includes individuals employed for at least 12 months by the Zone or Zone government
• Individuals should have been employees on the date that the treaty was transferred
• Retired former employees who were employed for 15 years (or five years in some cases) are also eligible

Certain Physicians

Certain G-4 or NATO-6 Employees

Members of the US Armed Forces

• The applicant must have served honorably on active duty after October 15^th 1978
• They enlisted outside the U.S. under a valid treaty agreement in effect by October 1^st 1991
• The period of service totals a minimum of 12 years or, where the applicant is on active duty, a minimum of six years with proof of intent to serve for 12 years
• The individual was never separated from service (unless under except under honorable conditions)
• The executive department where the applicant is serving has recommended that special immigrant status be granted

Certain Broadcasters

Certain Iraqi Nationals

• The applicant must be a citizen or national of Iraq
• They were employed by or on behalf of the U.S. government in Iraq after March 20^th 2003 and before September 30^th 2013 for no less than one year
• They provided faithful and valuable service to the U.S. government
• They have experienced an ongoing serious threat as a result of this employment
• They passed a background check and screening
• They are otherwise eligible to receive an immigrant visa and come to the U.S. for permanent residence

Certain Afghan Nationals

• The applicant must be a citizen or national of Afghanistan
• They were employed by or on behalf of the U.S. government in Iraq after October 7^th 2001 and before the date established by the most recent program extension
• They provided service for a period of no less than one year (for Chief of Mission applications received on or before September 30^th 2015) or two years (for applicants submitting COM applications after September 30^th 2015)
• They provided faithful and valuable service to the U.S. government
• They have experienced an ongoing serious threat as a result of this employment
• They passed a background check and screening
• They are otherwise eligible to receive an immigrant visa and come to the U.S. for permanent residence

Certain Iraqi and Afghan Translators and Interpreters

• The applicant just be a national of Iraq or Afghanistan
• They worked as a translator or interpreter with the U.S. Armed Forces or under the authority of COM for at least 12 months
• They have received a written recommendation from the COM or a general or flag officer in the chain of command of the U.S. Armed Forces unit
• Passed a background check and screening
• Otherwise eligible to come to the U.S. for the purposes of permanent residence

How to apply for EB-4 Visa

The way you apply for this visa will depend on whether you are inside or outside the United States.

If you are outside the U.S., you may apply through the American embassy or consulate in your country of residence.

In order to apply, you should file Form I-360. Once approved, it will be forwarded to the Department of State for allow the consulate to process it.

If you are living inside the U.S., you can file for an adjustment of status. You must file Form I-360 and if this is approved, you may then file Form I-485, Application to Register Permanent Residence or adjust status in order to be granted a green card.

Required documents

Some of the documents required for the visa include the following:

• Passport-sized photographs that meet US Citizenship and Immigration (USCIS) specifications
• Completed FORM G-325A, Biographic Information (for applicants aged between 14 and 79 years)
• Copy of national identity card or government-issued photo identification
• Copy of birth certificate
• Copy of passport page with nonimmigrant visa stamp (where relevant)
• Copy of entry or parole stamp in passport (where relevant)
• Completed Form I-94, Arrival/Departure Form
• Completed Form I-693, Report of Medical Examination and Vaccination Record
• Approved Form I-360
• Paid application fee of $405

Depending on your circumstances, there may be additional documents that you are required to pay. If you have any doubt about the documents required, we advise contacting a specialist immigration lawyer to advise you directly.

EB-4 processing time

Because the EB-4 is an immigrant visa, this means that the processing time will vary according to your priority date, where you apply from, and how many other applicants there are due to be processed with you.

Your priority date refers to the date that USCIS received your EB-4 petition and supporting documents.

Each month, the Department of State releases ‘final action dates’ in the visa bulletin. When your priority date coincides with the final action date for your country, this means that your date has become ‘current.’

At this point, you can move to the next stage of your application. Your processing date depends on a number of factors and this is why there is no single answer to the question of how long it takes to process the EB-4 Visa.

You can check the most recent visa bulletin here.

Is the EB Visa a green card?

EB refers to “employment-based’ immigrant status. This means that the EB Visas are designed for eligible individuals to come to the United States on a green card, on the basis of being in the preferred immigrant category.

The employment-based fourth preference route may be commonly thought of as the category for individuals who qualify as a special immigrant religious worker.

• First preference (EB-1 Visa) are categorized as priority workers who have extraordinary ability in the sciences, arts, education, business, or athletics sectors; are outstanding professors and researchers; or certain managers and executives
• Second preference (EB-2 Visa) are individuals with advanced degrees or with exceptional ability
• Third preference (EB-3 Visa) are those who are skilled workers, professionals, or other workers
• Fifth preference (EB-5 Visa) are foreign investors who agree to invest in return for permanent residence

If you have any questions about the category that best suits your circumstances, contact Total Law for further support.