EB-4 visa, also known as the Employment-Based Immigration (Fourth Preference), is an immigrant visa for applicants classified as “special immigrants”. The following applicants are eligible for EB-4 visa:
- Religious Workers
- Special Immigrant Juveniles
- Broadcasters
- G-4 International Organisation or NATO-6 employees and their family members
- International employees of the US government who are stationed aboard
- Armed Forces Members
- Certain Physicians
- Panama Canal Zone Employees
- Afghan and Iraqi Interpreters and Translators
- Afghan and Iraqi nationals who have provided services to support US operations
Religious Workers
To qualify for this category, applicant must have been working in the religious occupation or vocation for at least 2 years and the religious organisation (petitioner) must prove that they have been a member of a bona fide, non-profit, religious organisation in the US for at least 2 years immediately before filing a petition. Applicant will also need to prove that you will continue to work in the vocation as a minister, full-time (35 hours per week) compensated in the US.
Other religious workers may also qualify for this category if the applicant works in a religious vocation or occupation ether in a professional or nonprofessional capacity. Examples of other religious workers can include monks, nuns, religious instructions, cantors, catechists, religious hospital/health care facilities workers, missionaries. Workers must demonstrate that they are authorised to carry out normal religious duties while not actually serving as part of the clergy. Other religious workers must also show that you will continue to work full-time in a compensated position in the US.
An approved labor certification is not required and the applicants can either be petitioned by a qualifying religious organisation or self-petition. A total of 10,000 visas are available for EB-4 each fiscal year, but no more than 5,000 green cards can be allocated to non-clergy religious workers.
Supporting Documents Required for the Religious Organisation
To prove that the religious organisation is qualified and how the organisation will compensate the religious worker, the organisation will need to provide the following documents:
- Evidence of tax-exempt status
– Valid IRS tax-exemption determination letter - Evidence of salaried or non-salaried compensation
– Budgets showing monies set aside for salaries, leases etc
– Evidence that room and board will be provided to the religious worker
Supporting Documents Required for the Religious Worker
When the petitioner or the applicant files a petition, applicant must demonstrate that they meet the visa requirements by submitting the following supporting documents:
- Evidence that the religious worker is a member of a religious denomination
- Evidence that the religious worker is qualified to perform the duties of the offered position
- References from prior employers
– If the previous employment was in the US, you must also demonstrate you received salaried or non-salaried compensation
Requirement Exemption
Both the employing non-profit religious organisation and the religious worker must satisfy the requirements listed above. However, if a petitioner believes that one of these requirements substantially burdens the organisation’s exercise of religion, it may seek an exemption under the Religious Freedom Restoration Act (RFRA). USCIS will decide exemption requests on a case-by-case basis and notes that the petitioner bears the burden of showing that it qualifies for a RFRA exemption.
How to Apply
- Applicant self-petitions or the petitioning organisation files the Petition for Amerasian, Widow(er), or Special Immigrant – Form I-360 with the US Citizenship and Immigration Services (USCIS)
- Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-360 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Attend I-360 interview if you have been invited for an interview
*Interview will be scheduled for an in-person interview at the appropriate field office and transfer jurisdiction to that field office for final adjudication in cases where:
– The officer cannot make a decision based on the evidence of record; or
– The applicant does not meet the criteria for an interview waiver - Applicant’s status will automatically switch to legal permanent resident status under the EB-4 (Religious Worker) green card
Applying from Any Country Outside the US
- Applicant self-petitions or the petitioning organisation files the Petition for Amerasian, Widow(er), or Special Immigrant – Form I-360 with the US Citizenship and Immigration Services (USCIS)
- Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-130 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Schedule an appointment for an EB-4 (Religious Worker) visa interview with the US Embassy or Consulate
– All applicants between 13 – 80 years old are required to have an interview - Enter US and work for the religious organisation once the visa has been approved
Special Immigrant Juvenile (SIJ)
Children who are under the age of 21, currently living in US and have been abused, neglected or abandoned by one or both parents may be able to obtain permanent residence in US. To determine whether a child is eligible for this category, a juvenile court, family court or similar state court must find that the child has been abused, neglected or abandoned. The court must either make the child a ward of the state or place the child in the custody of a state agency, department, individual or entity appointed by the court. The same court also must find that it is not in the child’s interest to return to home country, last habitual residence or to his or her parents.
Once the child has been granted the EB-4 (Special Immigrant Juvenile) visa, he or she will never be able to petition for either parent. This also applies even if only one parent was abusive or neglectful, the child will still not be permitted to petition in future.
Age Requirement
Application process must be started while the child is under 21 years of age, but because some states have different legal definition of ‘child’, some juvenile courts may only be able to issue a juvenile court order if you are under the age of 18.
How to Apply
- Applicant files the Petition for Amerasian, Widow(er), or Special Immigrant – Form I-360 with the US Citizenship and Immigration Services (USCIS)
- Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-360 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Attend I-360 interview if you have been invited for an interview
*USCIS conducts a full review of the record and supporting evidence to determine whether an interview may be warranted. If the record contains sufficient information and evidence to approve the adjustment application without an in-person assessment, USCIS will generally not require an interview - Applicant’s status will automatically switch to legal permanent resident status under the EB-4 (Special Immigrant Juvenile) green card
Note: Visa application fee can be waived by filing a Request for Fee Waiver – Form I-912
Broadcasters
Only 100 visas will be allocated to this category each fiscal year. Applicants performing purely technical or support services for the Broadcasting Board of Governors (BBG) or a grantee of the BBG (Radio Free Asia, Inc (RFA) or Radio Free Europe/Radio Liberty, Inc. (RFE/RL) will not be fit into this category but in general, following broadcasters who will work for the International BBG or one of its grantees will be eligible to apply:
- Reporter, writer, translator, editor or producer or announcer for news broadcasts
- Hosts for news broadcast, new analysis, editorial and other broadcast features
- News analysis specialist
Supporting Evidence
When the petition is filed by BBG or a grantee of the BBG, a signed and dated supplemental attestation that contains the following information about the applicant must be accompanied:
- The job title and a full description of the job to be performed
- The broadcasting expertise held by the applicant, including how long the applicant has been performing duties that relate to the prospective position or a statement as to how the alien possesses the necessary skills that make him or her qualified for the broadcasting-related position within the BBG or a grantee of the BBG
How to Apply
- BBG or a grantee of the BBG files the Petition for Amerasian, Widow(er), or Special Immigrant – Form I-360 with the US Citizenship and Immigration Services (USCIS)
- Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-360 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Attend I-360 interview if you have been invited for an interview
*Interview will be scheduled for an in-person interview at the appropriate field office and transfer jurisdiction to that field office for final adjudication in cases where:
– The officer cannot make a decision based on the evidence of record; or
– The applicant does not meet the criteria for an interview waiver - Applicant’s status will automatically switch to legal permanent resident status under the EB-4 (Broadcasters) green card
Applying from Any Country Outside the US
- BBG or a grantee of the BBG files the Petition for Amerasian, Widow(er), or Special Immigrant – Form I-360 with the US Citizenship and Immigration Services (USCIS)
- Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-130 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Schedule an appointment for an EB-4 (Broadcasters) visa interview with the US Embassy or Consulate
– All applicants between 13 – 80 years old are required to have an interview - Enter US and work for the petitioner once the visa has been approved
G-4 International Organization or NATO-6 employees and their family members
Certain long-term international organization G4 or NATO-6 officers or employees and their family members (spouse and unmarried child under the age of 21) may be eligible to apply for this category. Residency requirements are as follows:
- Unmarried Sons and Daughters of G4 Officers or Employees
– Must have been physically present in the US for at least 7 years while maintaining G4 or N non-immigrant visa between the ages of 5 and 21 - Surviving Spouses of G4 Officers or Employees
– Must have resided and been physically present in the US for at least one half of the 7 years while maintaining G4 or N non-immigrant visa
– Have been physically present in US holding G4 or N non-immigrant visa for at least 15 years before the death of the G4 spouse - Retired G4 Officers or Employees:
– Must have resided and been physically present in the US for at least one half of the 7 years while maintaining G4 visa
– Have been physically present in US holding G4 visa in the US for at least 15 years in the prior to retirement
If you are a NATO-6 employee applying for green card under this category, you must be either:
- a member of a civilian component accompanying a force in accordance with the provisions of a NATO Status-of-Forces Agreement; or
- a NATO-6 employee of a civilian component attached to; or
- employed by an Allied Headquarters under the “Protocol on the Status of International Military Headquarters”
How to Apply
- Applicant files the Petition for Amerasian, Widow(er), or Special Immigrant – Form I-360 with the US Citizenship and Immigration Services (USCIS)
- Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-360 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Attend I-360 interview if you have been invited for an interview
*Interview will be scheduled for an in-person interview at the appropriate field office and transfer jurisdiction to that field office for final adjudication in cases where:
– The officer cannot make a decision based on the evidence of record; or
– The applicant does not meet the criteria for an interview waiver - Applicant’s status will automatically switch to legal permanent resident status under the EB-4 (G-4 International Organization or NATO-6 employees and their family members) green card
Applying from Any Country Outside the US
- Applicant files the Petition for Amerasian, Widow(er), or Special Immigrant – Form I-360 with the US Citizenship and Immigration Services (USCIS)
- Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-130 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Schedule an appointment for an EB-4 (G-4 International Organization or NATO-6 employees and their family members) visa interview with the US Embassy or Consulate
– All applicants between 13 – 80 years old are required to have an interview - Enter US once the visa has been approved
Note: Applicant applying under the category of ‘Unmarried Sons and Daughters of G4 Officers and Employees’ must apply for the visa or adjustment of status no later than by his or her 25th birthday.
Petitions for ‘Surviving Spouses of G4 Officers or Employees’ and ‘Retired G4 Officers or Employees’ must be filed within 6 months of the death of the spouse/G4 Officers or Employees’ retirement
International employees of the US government who are stationed aboard
Certain employees or honourably retired employees of the US government abroad or worked for the American Institute in Taiwan and have been in the position for at least 15 years will be eligible to apply. Applicants must also come with the recommendation of an officer of the Foreign Service establishment or the Director of the American Institute of Taiwan. Green card approved under this category must be approved by the Secretary of State.
How to Apply
- Applicant files the Petition to Classify Special Immigrant as an Employee or Former Employee of the US Government Abroad – Form DS-1884 with Department of State (DOS)
- Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the DS-1884 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Attend DS-1884 interview if you have been invited for an interview
*Interview will be scheduled for an in-person interview at the appropriate field office and transfer jurisdiction to that field office for final adjudication in cases where:
– The officer cannot make a decision based on the evidence of record; or
– The applicant does not meet the criteria for an interview waiver - Applicant’s status will automatically switch to legal permanent resident status under the EB-4 (International employees of the US government who are stationed aboard) green card
Applying from Any Country Outside the US
- Applicant files the Petition to Classify Special Immigrant as an Employee or Former Employee of the US Government Abroad – Form DS-1884 with Department of State (DOS)
- Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the DS-1884 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Schedule an appointment for an EB-4 (International employees of the US government who are stationed aboard) visa interview with the US Embassy or Consulate
– All applicants between 13 – 80 years old are required to have an interview - Enter US once the visa has been approved
Armed Forces Members
Applicants who have lawfully enlisted in the US military outside the US under a treaty or agreement that was in effect on 01 October 1991 may be eligible to apply for this category if they have honourably served or was enlisted to service in the US Armed Forces after 15 October 1978 for a specific time period:
- 12 years and received an honourable discharge; or
- 6 years of honourable active duty service in the US Armed Forces and have reenlisted for 6 more years of active duty to total at least 12 years of active duty at the time that enlistment ends
Treaties in Effect on 01 October 1991
Applicants eligible under treaties in effect on 01 October 1991 include nationals of:
- Philippines
- Federated States of Micronesia
- Republic of Palau
- Republic of the Marshall Islands
How to Apply
- Applicant files the Petition for Amerasian, Widow(er), or Special Immigrant – Form I-360 with the US Citizenship and Immigration Services (USCIS)
- Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-360 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Attend I-360 interview if you have been invited for an interview
*Interview will be scheduled for an in-person interview at the appropriate field office and transfer jurisdiction to that field office for final adjudication in cases where:
– The officer cannot make a decision based on the evidence of record; or
– The applicant does not meet the criteria for an interview waiver - Applicant’s status will automatically switch to legal permanent resident status under the EB-4 (Armed Forces Members) green card
Applying from Any Country Outside the US
- Applicant files the Petition for Amerasian, Widow(er), or Special Immigrant – Form I-360 with the US Citizenship and Immigration Services (USCIS)
- Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-130 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Schedule an appointment for an EB-4 (Armed Forces Members) visa interview with the US Embassy or Consulate
– All applicants between 13 – 80 years old are required to have an interview - Enter US once the visa has been approved
Certain Physicians
Physicians graduated from medical school or qualified to practice as a physician in a foreign country must meet the following requirements to be eligible for this category:
- Full and permanent licensure to practice medicine in a US state on 09 January 1978 and practicing medicine in a state on that date
- Admission to the US before 10 January 1978 as a J or H non-immigrant
- Continuous presence in the US since that admission in the practice or study of medicine
How to Apply
- Applicant files the Petition for Amerasian, Widow(er), or Special Immigrant – Form I-360 with the US Citizenship and Immigration Services (USCIS)
- Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-360 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Attend I-360 interview if you have been invited for an interview
*Interview will be scheduled for an in-person interview at the appropriate field office and transfer jurisdiction to that field office for final adjudication in cases where:
– The officer cannot make a decision based on the evidence of record; or
– The applicant does not meet the criteria for an interview waiver - Applicant’s status will automatically switch to legal permanent resident status under the EB-4 (Certain Physicians) green card
Panama Canal Zone Employees
Former employees of the Panama Canal Company or Canal Zone Government who worked before 01 October 1979 will be suitable for this category if they meet any of the three types below:
- Employed for at least 1 year either by the Panama Canal Company or Canal Zone government on or before 01 October 1979 and were residents of the Canal Zone on 01 April 1979
- Panamanian nationals employed by the US government in the Canal Zone for at least 15 years prior to 01 October 1979 and honourably retired from the service or continues to be employed in an area of the former Canal Zone
- Employed for 5 years or more either by the Panama Canal Company or Canal Zone government on 01 April 1979 and their personal safety or the personal safety of their spouse or children is in danger because of the special nature of their employment as a direct result of the Panama Canal Treaty of 1977
How to Apply
- Applicant files the Petition for Amerasian, Widow(er), or Special Immigrant – Form I-360 with the US Citizenship and Immigration Services (USCIS)
- Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-360 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Attend I-360 interview if you have been invited for an interview
*Interview will be scheduled for an in-person interview at the appropriate field office and transfer jurisdiction to that field office for final adjudication in cases where:
– The officer cannot make a decision based on the evidence of record; or
– The applicant does not meet the criteria for an interview waiver - Applicant’s status will automatically switch to legal permanent resident status under the EB-4 (Panama Canal Zone Employees) green card
Applying from Any Country Outside the US
- Applicant files the Petition for Amerasian, Widow(er), or Special Immigrant – Form I-360 with the US Citizenship and Immigration Services (USCIS)
- Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-130 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Schedule an appointment for an EB-4 (Panama Canal Zone Employees) visa interview with the US Embassy or Consulate
– All applicants between 13 – 80 years old are required to have an interview
Afghan and Iraqi Interpreters and Translators
During the wars in Afghanistan and Iraq, the US government employed many Afghans and Iraqis interpreters and translators. Some faced serious threats because of their employment with the US government and the vital assistance they provided. As a result, Afghanistan or Iraq nationals who worked directly with the US armed forces or under chief of mission authority at the US Embassy in Baghdad or US Embassy in Kabul as translators or interpreters are able to apply for a green card. To be eligible for this category, applicant must have experienced or is experiencing an ongoing serious threat because of the employment by the US government. Only 50 visas will be allocated to this category each fiscal year.
Approval and Recommendation Required
Applicants must obtain an approval from the Chief of Mission and a recommendation from a senior supervisor confirming that the applicant’s employment and faithful and valuable service to the US government.
How to Apply
- Applicant files the Petition for Amerasian, Widow(er), or Special Immigrant – Form I-360 with the US Citizenship and Immigration Services (USCIS)
- Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-360 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Attend I-360 interview with an appropriate field office for an interview
- Applicant’s status will automatically switch to legal permanent resident status under the EB-4 (Afghan and Iraqi Interpreters and Translators) green card
Applying from Any Country Outside the US
- Applicant files the Petition for Amerasian, Widow(er), or Special Immigrant – Form I-360 with the US Citizenship and Immigration Services (USCIS)
- Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-130 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Schedule an appointment for an EB-4 (Afghan and Iraqi Interpreters and Translators) visa interview with the US Embassy or Consulate
– All applicants between 13 – 80 years old are required to have an interview - Enter US once the visa has been approved
Afghan and Iraqi nationals who have provided services to support US operations
Unlike the category for Iraqi and Afghan translators and interpreters, Iraqis and Afghans who worked for, or on behalf of, the US government are temporary. This category is scheduled to end when all the available visas are issued.
Applicants who experienced or is experiencing an ongoing serious threat because of the employment by the US government may be eligible for this category if they meet one of the requirements below:
- Iraqi Nationals: must have been employed by, or on behalf of, the US government in Iraq requires not less than one year of employment on or after 20 March 2003, but prior to 30 September 2013
- Afghan Nationals: must have been employed in Afghanistan for a period of at least two years between 07 October 2001 and 31 December 2016 by or on behalf of the US government, the International Security Assistance Force (ISAF), or a successor mission that required the individual to serve as an interpreter or translator for US military personnel or to perform sensitive and trusted activities for such personnel
Approval and Recommendation Required
Applicants must obtain an approval from the Chief of Mission and a recommendation from a senior supervisor confirming that the applicant’s employment and faithful and valuable service to the US government.
How to Apply
- Applicant files the Petition for Amerasian, Widow(er), or Special Immigrant – Form I-360 with the US Citizenship and Immigration Services (USCIS)
- Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-360 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Attend I-360 interview with an appropriate field office for an interview
- Applicant’s status will automatically switch to legal permanent resident status under the EB-4 (Afghan and Iraqi nationals who have provided services to support US operations) green card
Applying from Any Country Outside the US
- Applicant files the Petition for Amerasian, Widow(er), or Special Immigrant – Form I-360 with the US Citizenship and Immigration Services (USCIS)
- Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-130 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Schedule an appointment for an EB-4 (Afghan and Iraqi nationals who have provided services to support US operations) visa interview with the US Embassy or Consulate
– All applicants between 13 – 80 years old are required to have an interview - Enter US once the visa has been approved
