EB4 Visa for Greencard: Can you qualify in this Special immigrant category?

Are you looking to get a green card? If so, then you may be wondering about the EB4 visa. This is a special visa that can lead to a green card if you are a special immigrant, and in this article, we will discuss everything you need to know about it. We will talk about who is eligible for the EB4 visa, how to apply for it, and what the process is like. So if you’re interested in learning more, keep reading!

What is EB4 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 who are licensed and practicing medicine in a U.S. state as of Jan. 9, 1978;
• Afghan and Iraqi translators or interpreters
• Iraqis who were employed by or on behalf of the U.S. government
• Afghans who were employed by the U.S. government or International Security Assistance Force (ISAF).

Source: USCIS.gov

EB4 Visa requirements

In order to get the EB-4 visa, there are some requirements that an applicant must meet depending upon the category one would fall into

Special Immigrant Religious Workers (EB4 religious visa)

A U.S. employer may file this petition for a beneficiary who seeks to enter the United States to be employed full-time by a bona fide nonprofit religious organization in the United States to work:

1. Solely as a minister of that religious denomination;

2. In a religious vocation either in a professional or non-professional capacity;

3. In a religious occupation either in a professional or non-professional capacity.

The beneficiary may file this petition on his or her own behalf. To qualify, the beneficiary must have been:

1. A member of a religious denomination that has a bona fide nonprofit religious organization in the United States for at least the two years immediately preceding the filing of the petition; and

2. Working continuously, after turning 14 years of age, in one of the positions described above, either abroad or in the United States, for at least two years immediately preceding the filing of the petition

Special Immigrant Based on Employment With the Panama Canal Company, Canal Zone Government, or U.S. Government in the Canal Zone

You may file this petition for a beneficiary who, at the time the Panama Canal Treaty of 1977 entered into force, was:

1. A resident in the Canal Zone and had been employed by the Panama Canal Company or Canal Zone Government for at least one year;

2. A Panamanian national and either honorably retired from U.S. Government employment in the Canal Zone with a total of 15 or more years of faithful service; or

3. Employed for 15 years and honorably retired or was an employee of the Panama Canal Company or Canal Zone Government, had performed faithful service for 5 years or more as an employee, and whose personal safety, or the personal safety of his or her spouse or child, is in danger as a direct result of the special nature of his or her employment and as a direct result of the Treaty.

Special Immigrant Physician

You may file this petition for a beneficiary who:

1. Graduated from a medical school or is qualified to practice medicine in a foreign state;

2. Was fully and permanently licensed to practice medicine in the United States on January 9, 1978, and was practicing medicine in a U.S. state on that date

Special Immigrant G-4 International Organization Employee or Family Member or NATO-6 Employee or Family Member

You may be eligible to apply for classification as a special immigrant if you are a recently-retired, long-term G-4 nonimmigrant employee of a qualifying international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act, a relative of such an employee, or a long-term civilian employee of NATO (under the NATO-6 classification) or their relative. To determine if you are eligible, contact the qualifying international organization, the employing NATO office, or your local USCIS office. You must file the petition with:

1. A letter from the international organization demonstrating that it is a qualifying organization and explaining the circumstances of qualifying employment and the immigration status held by the beneficiary;and

2. For family members, copies of evidence documenting the familial relationship with the employee.

Armed Forces Members

You may file this petition for yourself if:

1. You have served honorably on active duty in the U.S. Armed Forces after October 15, 1978;

2. You originally lawfully enlisted outside the United States under a treaty or agreement in effect on October 1, 1991, for a period or periods that total: A. Twelve years, and you were never separated from such service except under honorable conditions; or B. Six years and you are now on active duty, and have reenlisted to incur a total active duty service obligation of at least 12 years;

3. You are a national of an independent state that maintains a treaty or agreement allowing nationals of that state to enlist in the U.S. Armed Forces each year; and 4. The executive department under which you have served or are serving has recommended you for this special immigrant status.

Afghanistan or Iraq National Supporting U.S. Armed Forces as a Translator

You may file this petition for yourself if:

1. You are a national of Afghanistan or Iraq;

2. You worked directly with the U.S. Armed Forces or the Chief of Mission as a translator for a period of at least 12 months;

3. You have obtained a favorable written recommendation from a general or flag officer in the chain of command of the U.S. Armed Forces unit that you supported; and

4. Before filing this petition, you were cleared by a background check and screening, as determined by the Chief of Mission or a general or flag officer in the chain of command of the U.S. Armed Forces unit that you supported.

Broadcasters

Under section 203(b)(4) of the INA, the International Broadcasting Bureau of the United States Broadcasting Board of Governors (BBG), or a grantee of the BBG, may petition for a beneficiary (and the beneficiary’s accompanying spouse and children) to work as a broadcaster for the BBG or a grantee of the BBG in the United States.

 For the purposes of this section, the terms: 1. BBG grantee means Radio Free Asia, Inc. (RFA), Radio Free Europe/Radio Liberty, Inc. (RFE/RL), or the Middle East Broadcasting Network (MBN); and 2. Broadcaster means a reporter, writer, translator, editor, producer, or announcer for news broadcasts; hosts for news broadcasts, news analysis, editorial, and other broadcast features; or a news analysis specialist. The term broadcaster does not include individuals performing purely technical or support services for the BBG or a BBG grantee.

All Form I-360 petitions submitted by the BBG or a BBG grantee on behalf of a beneficiary for a broadcaster position with the BBG or BBG grantee must be accompanied by a signed and dated supplemental attestation that contains the following information about the beneficiary:

1. The job title and a full description of the job to be performed; and

2. The broadcasting expertise held by the beneficiary, including how long the beneficiary has been performing duties that relate to the prospective position or a statement as to how the beneficiary possesses the necessary skills that make him or her qualified for the broadcasting-related position within the BBG or BBG grantee.

How to apply for EB4 Visa?

To petition for an EB-4 special immigrant, your employer must file Form I-360. However, there are certain situations where you, the employee, may self-petition on your own behalf. Review the I-360 petition instructions to see if you are eligible to self-petition and what required supporting evidence needs to be included.

How to File

• Read the instructions for Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
• Complete and sign Form I-360;
• Pay the filing fee, if applicable; and
• Provide all required evidence and supporting documentation.

After You File

Once USCIS receives your Form I-360, USCIS will process your petition and then you will receive a: 

• Receipt notice confirming USCIS received your petition;
• Biometric services notice, if applicable;
• Notice to appear for an interview, if required; and
• Notice of USCIS decision.

EB4 Visa fees or cost

The cost of applying for an EB4 visa will depend on whether or not the employer petitions for the I-360 form or if the applicant is self-petitioning.

Here are the following fees for the EB4 visa, and they vary depending on your home country:

• USCIS Form I-360 petition filing fee: $435

except there is no filing fee if filing for : 1. An Amerasian; 2. A Special Immigrant Juvenile; 3. A VAWA self-petitioning spouse or child of a U.S. citizen or lawful permanent resident; 4. A VAWA self-petitioning parent of a U.S. citizen son or daughter; 5. An Afghanistan National or Iraq National who worked with the U.S. Armed Forces as a translator; 6. An Iraq National who worked for or on behalf of the U.S. Government in Iraq; or 7. An Afghanistan National who worked for or on behalf of the U.S. Government or International Security Assistance Force (ISAF) in Afghanistan

• Biometric services Fee (if applicable)
• DS-216 processing fee (if you are in your home country)
• Medical examination fees
• Obtaining all the required documentation
• Certified Translations (if applicable)
• Travel expenses

There might be additional costs which will depend on the type or category of EB4 Visa you are applying for.

EB4 visa processing time

How long to get EB-4 Visa?

please check the following link from USCIS https://egov.uscis.gov/processing-times/ for the official processing times.

Once on the USCIS webpage, look for Form I-360 and then select the Form Category.

Is EB4 Visa a green card

No. Once Form I360 is approved for an EB4 visa, you would then have to submit Form I485 for adjustment of status later. Once I485 is approved you would then get a green card.

How to check Visa Bulletin for EB4?

for the official dates please follow the link to USCIS. Once on the USCIS website follow the link for the current month’s Adjustment of status filing charts and look up the Employment-based preference filing and specifically in this case under the table Employment-based 4th.

if there are two tables A. Final action dates and B . Dates for filing table, the dates of the filing table would let you know when you may assemble and submit the required documents for adjustment of status.

OR you could follow my step-by-step tutorial here on how to read U.S. visa bulletin

Conclusion

The EB4 visa is a special immigrant visa that allows eligible individuals to live and work permanently in the United States by obtaining a green card. To be eligible for an EB4 visa, applicants must be able to demonstrate that they meet all of the requirements set forth by U.S. Citizenship and Immigration Services (USCIS). These requirements vary from having a qualifying employment offer from a U.S. employer to being a member of a religious denomination, or a certain broadcaster, physician, etc. While the EB4 visa process can be complex, it is possible to obtain this visa and achieve your dreams of living and working in America! And always hire a competent immigration attorney for any complex immigration needs.