Comprehensive Guide to the EB-4 Employment-Based Green Card
What is an EB-4 Visa?
The EB-4 Employment-Based Green Card is a fourth-preference immigrant visa category for foreign nationals seeking permanent residency in the United States through special employment. The EB-4 category is designed for various special immigrant groups, including religious workers, certain employees and former employees of the U.S. government, and others who meet specific criteria.
Benefits of the EB-4 Green Card
The EB-4 Green Card offers numerous benefits, including:
- Permanent Residency: Allows individuals to live and work permanently in the U.S.
- Path to Citizenship: Green Card holders can apply for U.S. citizenship after five years.
- Family Benefits: Spouses and unmarried children under 21 can also obtain Green Cards as dependents.
- Employment Flexibility: Freedom to change employers after obtaining the Green Card.
Religious Workers Eligibility Criteria:
- Religious Affiliation: Must be a member of a religious denomination with a bona fide nonprofit religious organization in the U.S. for at least two years.
- Role: Must be seeking to enter the U.S. to work in a full-time, compensated position as a minister or in a religious vocation or occupation.
- Employer: The employer must be a bona fide nonprofit religious organization.
Special Immigrant Juveniles Eligibility Criteria:
- Age: Must be under 21 years old.
- Status: Must be declared dependent on a juvenile court, eligible for long-term foster care, or unable to reunite with parents due to abuse, neglect, or abandonment.
- Court Decision: Must have a court order issued in the U.S. stating that it is not in the best interest of the juvenile to return to their home country.
Broadcasters Eligibility Criteria:
- Employment: Must be coming to work as a broadcaster for the International Broadcasting Bureau of the Broadcasting Board of Governors (BBG) or a BBG grantee.
G-4 International Organization or NATO-6 Employees and Family Members Eligibility Criteria:
- Employment: Must be an employee of an international organization or NATO, or a qualified dependent of such an employee.
Certain U.S. Government Employees Abroad Eligibility Criteria:
- Employment: Must be a retired officer or employee of an international organization or NATO who has served for at least 15 years, or an immediate family member of such an individual.
Other Special Immigrants
This category includes a diverse group of individuals such as armed forces members, Panama Canal Zone employees, physicians, and certain Afghan and Iraqi nationals who have worked with the U.S. government.
The EB-4 Employment-Based Green Card is an attractive option for various special immigrants seeking permanent residency in the United States.
Job Offer Requirements
The EB-4 visa requires a job offer from a U.S. employer, applicants must have a definite, permanent job offer and the employer must demonstrate the ability to pay the offered wage.
Visa Bulletin
The Visa Bulletin is a monthly publication issued by the U.S. Department of State that provides critical information regarding the availability of immigrant visas (green cards) for various categories of applicants. It outlines the Final Action Dates and Dates for Filing, which help applicants understand when they can proceed with their green card applications based on their priority dates.
The priority date is established when the U.S. citizen files Form I-140, Immigrant Petition for Alien Workers. This date serves as the applicant’s place in the visa queue, which is essential because the number of visas available in this category is limited.
The Final Action Date indicates when an immigrant visa number is available for issuance. If an applicant’s priority date is earlier than the Final Action Date listed for the Employment 4th category, they are eligible to receive their green card that month.
Conversely, the Dates for Filing chart specifies the earliest dates when applicants can submit their green card applications, even if their priority date is not yet current according to the Final Action Date. This allows applicants to prepare and file their applications in advance, which can help expedite the process once their priority date becomes current.
This process can often involve significant waiting periods, depending on the demand for visas in the Employment 4th category and the applicant’s country of origin.
Validity Period
The Green Card is typically issued as a permanent resident card, the card itself is valid for 10 years from the date of issuance.
What We Do
- Initial Consultation: We start with a thorough consultation to assess your eligibility and discuss your options for immigration to the United States.
- Job Offer Verification: We assist in verifying your job offer and ensuring it meets the requirements of the EB-4 visa category.
- Petition Preparation: We help prepare Form I-360 petition.
- Document Compilation: We gather and organize all required documentation, including proof of job experience, educational qualifications, and job offer.
- Visa Application Assistance: We provide guidance and support throughout the visa application process, including consular processing or adjustment of status, depending on your circumstances.
- Follow-Up and Communication: We stay in regular communication with you and provide updates on the status of your case until your EB-4 visa is approved.
The Employment EB-4 Visa is an essential pathway for certain foreign nationals with special employment to obtain permanent residency in the United States.
Why Choose Us?
- Expert Guidance: Our knowledgeable attorneys will walk you through the entire process, answering any questions you may have along the way.
- Tailored Support: We take the time to understand your specific circumstances and provide solutions that fit your needs.
- Peace of Mind: With our support, you can feel confident that your application is in good hands.
Ready to take the next step towards securing talent? Contact our law firm today to schedule a consultation with one of our experienced immigration attorneys.
Application Process for the EB-4 Visa
The application process for the EB-4 Employment-Based Green Card involves several steps:
Step 1 | Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant The applicant or their employer must file Form I-360 with U.S. Citizenship and Immigration Services The petition must include evidence supporting the applicant’s eligibility, such as proof of employment, religious affiliation, or court orders for juveniles. |
Step 2 | Consular Processing or Adjustment of Status Once Form I-360 is approved, the applicant can proceed to the next step, either adjustment of status (if already in the U.S.) or consular processing (if outside the U.S.). Adjustment of Status (Form I-485):
Consular Processing:
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Frequently Asked Questions
EB4
- Who qualifies as a religious worker for an EB-4 visa?
Religious workers eligible for an EB-4 visa include ministers, priests, religious missionaries, and other individuals working in a religious vocation or occupation.
- What are the special immigrant categories for an EB-4 visa?
Special immigrant categories for an EB-4 visa include certain employees of U.S. government agencies, broadcasters, certain Afghan and Iraqi nationals, retired employees of international organizations, and certain physicians.
- How long does it take to get an EB-4 visa?
The processing time for an EB-4 visa varies depending on factors such as the applicant’s home country, the specific category, and the backlog of visa applications. USCIS provides estimated processing times for each category.
- Can I apply for an EB-4 visa while in the United States?
In most cases, you must apply for an EB-4 visa from outside the United States, either through consular processing at a U.S. consulate abroad or through adjustment of status if you are already in the U.S. and eligible to do so.
- Can my family accompany me on an EB-4 visa?
Yes, EB-4 visa holders may be eligible to bring their spouse and unmarried children under 21 to the United States as derivative beneficiaries. They can apply for immigrant visas or adjustment of status concurrently with the primary EB-4 applicant.
- Can my family members work in the U.S. on an EB-4 visa?
Yes, spouses of EB-4 visa holders are eligible to apply for work authorization in the United States. Unmarried children under 21 are not eligible to work but are permitted to attend school in the U.S.
