EB-4 Visa

The EB-4 visa qualification sub-categories are: 

• Religious workers
• Certain Panama Canal employees
• Physicians
• G-4 International Organization Employee or Family Member or NATO-6 employee or family member
• Certain Broadcasters
• Afghan/Iraqi nationals who worked as translators/interpreters for the U.S. armed forces or under Chief of Mission authority
• Iraqi / Afghani nationals who worked for or who provided support to U.S. government in Iraq/Afghanistan

Each visa sub-category can have different requirements given the wide range of special immigrants that EB-4 covers. However, most categories include the following:

• Employer filing of Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
• The ability for certain petitioners to file without an employer

The EB-4 visa category does not generally see the kind of backlog that some other visa categories experience. There are annual quotas for most EB-4 visa categories/sub-categories.

Religious Workers

Religious workers, including ministers and non-ministers in religious vocations, are eligible through this EB-4 sub-category. The applicant must be a member of a nonprofit religious organization in the US. They applicant must have been a member of that organization for at least two years prior to the application date. Minister applicants must enter the US with the direct and sole intention to carry on the vocation of a minister. Applicants must be engaged in full time, salaried work in the US with the organization filing the application. The annual EB-4 cap does not apply to ministers.

Certain Panama Canal employees

Certain Panama Canal employees are eligible for the EB-4 provided the workers were with the Panama Canal Company or the Canal Zone Government before 1 October 1979. The workers must also have had residence in the Panama Canal Zone on 1 April 1979 and must have been an employee for one or more years. Some retired individuals or currently employed by the US government in the Panama Canal Zone could also qualify provided that the individual was employed for at least 15 years before 1 October 1979. In addition an employee of the Panama Canal Company or Canal Zone Government prior to 1 April 1979, and who was employed for a minimum of five years may also qualify. 

Physicians

Certain physicians qualify for an EB-4 provided they graduated medical school or have qualified to practice medicine in a foreign country, and were licensed to practice medicine in the US by 9 January 1978, and entered the US with H/J status prior to 10 January 1978 and remained continuously in the US in the study/practice of medicine since that time.

G-4 International Organization employees and family member / NATO-6 employee or family member

G4 employees and certain G4 employees’ children are eligible for EB4. G4 employee children are eligible provided they maintained nonimmigrants status in the US for at least 7 years (between the ages of 5 and 21), resided half that time in the US and filed before the age of 25 . The spouse of a deceased officer or employee of an international organization who lived in the US in G4/N status are eligible provided they lived in the US for at least 15 years in total and maintained G4/N status for at least half that time prior to the petition filing date. The Form I-360 must be filed within six months of the death of the EB-4 eligible spouse. In addition, retired G4 officers may also be eligible for EB4. Retired G4 officers are eligible provided they resided in the US for at least half of 7 years prior to petition filing date and were physically present in the US for at least 15 years in total before retiring. NATO-6 employees and their family members are similarly eligible, but their eligibility is more restricted. NATO-6 employees must meet standards in accordance with either the NATO Status-of-Forces agreement or the Protocol on the Status of International Military Headquarters. 

Certain Broadcasters

For broadcaster to be eligible for EB4 they must be entering the US to work as a broadcaster for the International Broadcaster Bureau of the Broadcasting Board of Governors, or for a grantee of the Broadcasting Board of Governors. Broadcasters also include other media employees such as reporters, writers, editors, announcers, producers as well as associated analysts. There are a limited number of visas (100) available for this category annually.

Afghan/Iraqi nationals who worked as translators/interpreters for the U.S. armed forces or under Chief of Mission authority

Afghan/Iraqi translators or interpreters may be eligible for an EB4 visa. These individuals must have worked directly with and in support of the US Armed Forces or the Chief of Mission Authority in either Afghanistan or Iraq. The length of the work must have been at least 12 months. Spouse/children of the intended applicant are eligible and applicants must secure several recommendations. There are very few such visas available for this sub-category annually (50). Afghan/Iraqi interpreters may also qualify for additional visas and immigration options and should consult a US attorney for detailed information.

Iraqi / Afghani nationals who worked for or who provided support to U.S. government in Iraq/Afghanistan

Afghan/Iraqi nationals who worked with, and provided support to, the United States in Afghanistan/Iraq may be eligible for EB4 provided additional requirements are met. Afghan nationals must have been so employed for 2+ years between 7 October 2001 – 31 December 2016. The employment must have been with the US government, US armed forces, or the International Security Assistance Force or successor. Recommendations as evidence is required for verification purposes. The employee must experience current threats due to their employment and support of the US.

Iraqi nationals can be eligible if they were employed and/or provided support to the US government/military on or after 20 March 2003, and prior to 30 September 2013, for at least one year. Recommendations as evidence is required for verification purposes. The employee must experience current threats due to their employment and support of the US. Afghan/Iraqi workers who were employed by, or provided support to, the US government in country, may also qualify for additional/other visas and immigration options and should consult a US attorney for detailed information.

Before beginning the application process, an applicant generally needs to have a valid and permanent job offer from a US employer in their area of expertise. Part-time or seasonal work offers are not eligible for the EB4 visa. The subsequent process will include the employer petition on behalf of the employee. Once approval is secured, applicants outside the US will apply to US Embassy/Consulate to complete the processing.

To begin the intended employer will submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant to the U.S. Citizenship and Immigration Services (USCIS). There are limited instances where certain employees or intended EB4 applicants can self-petition. Applicants should consult an attorney to determine if they are eligible for this method. It is also important to note that for broadcasters, the application is filed by the US Broadcasting Board of Governors or a grantee instead of the specific company that the broadcaster will work for. 

After submission, USCIS will decide the case. Once the I-360 is approved the intended hire will be required to fill out Form DS-261, Immigrant Visa and Alien Registration Application and Form DS-261, Choice of Address and Agent, which are filled out and submitted online via the Consular Electronic Application Center (CEAC). Once the forms are submitted, a case number will be provided on the confirmation page. 

The USCIS approved I-130 application will also be transferred to the National Visa Center (NVC) for processing during which time a case number and invoice ID will be provided along with information on next steps to take at the US Embassy/Consulate in the home country. It is important to note that NVC will also indicate required medical exams and vaccinations necessary to enter the US. Evidence of completion of these exams and vaccinations, to be carried out be licensed medical professionals, will be verified during this part of the processing. 

In addition to the aforementioned medical/vaccination documentation, applicants will also be required to submit various supporting documents. Required evidence includes, passport (valid for more than 6 months after departure date), employment offer letter, approved I-360 petition, DS-261 confirmation, two official passport photos, academic records, resume, criminal record documents, and any other documents requested by NVC. Once NVC reviews all submitted and requested documents a visa interview will be scheduled. 

Following the interview, the US Embassy/Consulate official will decide if the EB4 visa will be issued. If approved, a sealed packet will be provided that the beneficiary must take with them unopened. This packet will be opened at the airport upon initial entry to the US. It is important to note that the US immigration officer who opens the packet does have the ability to reject entry to the visa holder. 

Once Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant is submitted, applicants should expect at least a 2-4 month processing time frame. However if a site visit is required, the time frame could be significantly extended. Furthermore, there is an annual cap on EB-4 visas, which means that the overall processing times, from start to finish, can run from a few months to several years depending on available visas. It is important to apply early and to consult an attorney to determine current processing and wait times.