The EB4 category (employment-based fourth preference) is an immigrant visa preference category for “exceptional immigrants.” If a person satisfies the qualifications for special immigrant status, they may apply for legal permanent resident (LPR) status in the EB4 category. There are two main categories of the EB-4 visa but in addition to these there are several other categories:
Special Immigrant Juveniles
Requirements for EB-4 Visa
Because the EB4 category includes a variety of special immigration categories, the precise criteria may vary. The following are the requirements that apply to all categories.
- Form I-360, along with any supporting paperwork, is used to file an immigrant visa petition.
- The applicant can file a petition even if he or she does not have a job.
Who is Eligible for the Fourth Preference: EB-4 Visa?
You may be eligible for an employment-based, fourth preference (EB-4) visa if you are a special immigrant. The following special immigrants are eligible for the fourth preference visa:
- Religious workers;
- Special Immigrant Juveniles;
- Certain broadcasters;
- Certain retired officers or employees of a G-4 international organization or NATO-6 civilian employees and their family members;
- Certain employees of the U.S. government who are abroad and their family members;
- Members of the U.S. armed forces;
- Panama Canal Company or Canal Zone government employees;
- Certain physicians licensed and practicing medicine in a U.S. state as of Jan. 9, 1978;
- Afghan or Iraqi translators or interpreters;
- Iraqis who were employed by or on behalf of the U.S. government; and
- Afghans who were employed by the U.S. government or International Security Assistance Force (ISAF).
Application Process for the EB-4 Visa
Once your Form I-360 is received, the USCIS will process your petition. You will then be given a:
- Receipt notice confirming we received your petition
- Biometric services notice (if applicable)
- Notice to appear for an interview (if needed)
- Notice of the USCIS decision
1. I-360 Form
In order to apply for an EB-4 visa, the visa applicant must first be petitioned by a U.S.-based employer. To do so, individuals must first submit a Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) with accompanying documentation. In rare cases, those who do not have a U.S. sponsor, such as spouses, parents, and children of abusive U.S. citizens, can self-petition and complete Form I-360 on their own. Consult an experienced immigration lawyer to determine whether you are eligible to self-petition and what documentation will be required to support your case.
2a. Job Offer
In addition, visa applicants must have a work offer from a U.S. company that is legitimate and permanent. This employment must be in their field of competence, and it cannot be seasonal or part-time. In addition, the U.S. firm sponsoring the visa application must demonstrate that they are financially secure enough to recruit a foreign worker.
2b. For Religious Workers only
If you're applying as a religious worker, you'll need to show documentation of your religious vocation, proof that the organization you work for is non-profit, and a letter from a religious superior. A PERM form is not required for special immigrant religious workers, unlike other employment-based visas.
3. Medical Exam and Requirements
To be authorized for a green card in the United States, all candidates must first undergo a medical examination to demonstrate that they are healthy enough to enter and reside in the country without endangering the general public. The candidate must also undergo a medical check and acquire the necessary immunizations.
In the initial NVC package, the applicant will get instructions on which vaccines are necessary, as well as the requisite medical examination form. A licensed doctor must sign all medical paperwork. These will be part of the proof portfolio that will be submitted later.
4. Immigration Interview
The green card interview is the final phase in any immigrant visa application. If you are overseas, the interview will take place in a local US Embassy or Consulate; if you are in the United States, the interview will take place at a local USCIC office.
During the interview, the immigration officer will ask the applicant questions about their past and why they are emigrating to the United States, as well as questions based on the information supplied in their visa application.
After Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) is processed, the visa applicant will receive a decision on whether or not the petition is approved. If the petition is refused, the visa applicant will receive a letter detailing why the petition was rejected. If the petition is approved, the visa applicant will receive instructions on what to do next. This may include instructions to collect biometric data (if applicable) and notice to appear for a green card interview at a local U.S. Consulate or Embassy.
Why Legal Help for the EB-4 Visa is Important!
Applying for a US-based Green Card through employment is a huge deal and it’s important to complete your EB-4 visa application correctly to enhance your chances of approval. If you have the opportunity to apply for a Green Card, you should take advantage of legal services so that you can reach your potential. If you already have ingredients like a family member that is a US citizen, or an employer that is willing to petition for you to immigration permanently, you still need to present an application package that will convince immigration officers of your worth.
Why Hire Us to Help with Your EB-4 Application?
Attempting to get a Green Card is a crucial process. Any slight misstep could result in a refusal after all of the efforts you put into your application. We have helped thousands of individuals successfully get US permanent residence through employment-based petitions, and we can help you too!