Published: February 23, 2023
Many immigrants desire employment in the United States due to higher earning potential and the wide variety of available jobs. Currently, employment-based immigrant visas have five categories. If you intend to maintain permanent employment in the U.S., try getting an EB-4 visa.
The U.S. Citizenship and Immigration Services (USCIS) can issue around 10,000 EB-4 visas annually. Applicants must be keen on their preparation to increase the odds of approval.
Knowing more about the EB-4 visa and its legal implications can ease the complication of the application process. This guide contains helpful information regarding the EB-4 visa application, its requirements, and its benefits.
Who qualifies for the EB-4 category?
The EB-4 visa, also known as the special immigrant visa, is an inclusive category. Only those recognized by law are eligible to apply for this visa. Here are the individuals who may file for EB-4 visas:
- Religious workers
- Special Immigrant Juveniles
- Certain broadcasters
- Certain retired workers from G-4 international organizations
- Certain NATO-6 civilian workers and their respective families
- Certain US government workers living abroad and their respective families
- Members of the U.S. armed forces
- Panama Canal company or Canal Zone government employees
- Certain licensed and practicing medical doctors in any US state who were in the field since January 9, 1978
- Afghan or Iraqi translators or interpreters
- Iraqis previously employed by or on behalf of the U.S. government
- Afghans previously employed by the U.S. government, the ISAF, or another mission
Under the Immigration and Nationality Act, the United States Agency for Global Media (USAGM) or its grantee may petition for the writer, translator, editor, producer, or announcer for news broadcasts, hosts for news broadcasts, news analysts, editorial and other broadcast features, and news analysis specialists.
General Requirements for EB-4 Special Immigrants
The EB-4 visa category is diverse. Each eligible applicant may need to present a specific set of requirements. However, there are requirements common to this group. EB-4 visa applicants must comply with the following:
1. Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360)
Form I-360 is the initiatory form for the EB-4 application process. Since it is a multi-application form, special immigrants should only fill out the portions that are relevant to them. Coordinating with immigration lawyers to discuss the other requirements specific to your circumstances is recommended.
2. Job relevant to the applicant’s field of expertise
Generally, special immigrants should have an occupation or job offer relevant to a chosen field of expertise. Otherwise, they may fail to qualify.
Some categories may not require a job offer at all. For example, religious workers should establish their affiliation with a specific religion.
Benefits of EB-4 Visa
Qualifying for an EB-4 visa is a great privilege. Due to its exclusivity, only a few may proceed to the application stage and hope for approval. Also, the benefits that this visa entails are noteworthy. It is even an understatement to consider them as life-changing.
Here are some of the most notable benefits of an EB-4 visa:
Benefit 1: Freedom of travel and abode
Nonimmigrant visa holders like EB-4 special immigrants may freely travel within US borders. In addition, they may choose their place of residency.
Benefit 2: Sponsor spouse and relatives
As an EB-4 visa worker, you can also petition for your spouse and relatives. You can decide to come with them during your initial application. You also have the option to petition for them when you unlock the green card status. Discussing this matter with an EB-4 visa lawyer is ideal for protecting your rights and legal interests.
Benefit 3: Government assistance programs
Individuals who acquire EB-4 visas and later become green card holders can access some exclusive government services. Here are examples:
- Supplemental Security Income (SSI)
- Food Assistance Programs (FAP)
- State-funded “resettlement” programs
- Other entitlement programs
These services are helpful for immigrants to settle in the United States and provide a more stable life for themselves and their families.
Benefit 4: Permanent residency
Unlocking an EB-4 visa means an immigrant can live lawfully and permanently within US borders. As a permanent citizen, one will also have the freedom to travel through different US territories.
Also, EB-4 visa holders have the prerogative to change jobs. Consult an immigration lawyer for the period and conditions necessary for this change.
Recommended Tips When Getting an EB-4 Green Card
Getting an EB-4 visa is a multi-step process that may require several costs and waiting periods. It is best to get things right the first time when applying. There is no perfect way to apply for an EB-4 visa, but applicants can follow these tips to improve their chances of immediate approval:
Tip 1: Review all required forms
All visa applications involve filling out forms. The USCIS is meticulous with clerical mistakes, even the most minor ones. Before submitting, ensure that all entries have the correct spelling. Review if any of the information you wrote is outdated.
Also, never attempt to place false information in the forms because it is punishable under the law and will compromise your application.
Tip 2: Complete the necessary medical examinations and vaccinations
Besides documentary requirements, immigrants should comply with the medical conditions that immigration laws impose. Inquire with an EB-4 lawyer to determine what clinical examinations are necessary to move on with the rest of the application process.
Tip 3: Compile your supporting documents
Before attaching your documentary requirements, reserve some time to review their content. Ensure all attachments are the exact ones the USCIS is asking for. Also, avoid attaching your documentary requirements with the wrong forms. It is a common mistake, especially for first-time immigrants.
Tip 4: Hire an EB-4 visa lawyer
You do not have to be alone while undergoing a visa application process. An EB-4 visa lawyer can be your advisor and supporter. They have the skill and experience to advise you on your immigration and career in the US. They can also represent your case in court if you run into legal complications.
Estimated EB-4 Visa Processing Time
The rough estimate for processing an EB-4 visa is around two to five years.
One of the most time-consuming portions of the EB-4 visa application is submitting the forms and requirements and waiting for the USCIS’ response. If the government agency finds issues with your submissions, the processing period can extend further.
Remember to take into consideration the time needed for you to communicate with other parties. One of them would be your employer.
Please adjust your expectations if you want to petition family members and loved ones. Processing the visa of numerous people will require more time and effort.
Guided EB-4 Visa Application with Expert Immigration Lawyers
A visa application process does not have to be a trial and error process. If you partner with a well-seasoned EB-4 lawyer, you can make better decisions about your application. You do not have to suffer procedural mistakes and waste your hard-earned money. Rely on experts to have your back.
ALG Lawyers is a Los Angeles-based law firm committed to providing top-quality services to clients and their families. Our goal is to help you live and thrive in the US. We have the resources and connections that can simplify your immigration process and amplify your chances of visa approval. We are looking forward to our first meeting.