U.S. Immigrant Visa for Special Immigrants (EB-4)

1. What is the eligibility criteria for a Special Immigrant Visa under the EB-4 category?


The eligibility criteria for a Special Immigrant Visa under the EB-4 category is that an applicant must fall into one of the following categories: an Afghan or Iraqi translator or interpreter who worked for the U.S. government in Iraq or Afghanistan; a religious worker; a U.S. government employee or a family member of such employee; an employee of international organizations; a returning resident immigrant; a physician who has provided services to underserved populations in the U.S.; an Afghan or Iraqi national who has assisted the U.S. Armed Forces as a translator or interpreter; or certain individuals who have provided service to the U.S. government in other capacities.

2. How long is a Special Immigrant Visa valid for?


A Special Immigrant Visa is typically valid for two years after the date of issuance and can be renewed for an additional two-year period.

3. What are the documents required for a Special Immigrant Visa under the EB-4 category?


The documents required for a Special Immigrant Visa under the EB-4 category vary depending on the individual’s particular case. Generally, applicants must submit proof of employment, a valid passport, proof of financial support, and evidence of eligibility for their specific visa. Additional documents may be needed depending on the individual’s circumstances.

4. What is the processing time for a Special Immigrant Visa under the EB-4 category?


The processing time for a Special Immigrant Visa under the EB-4 category varies depending on factors such as the complexity of the case and the individual’s country of origin. Generally, processing times could take anywhere from six to nine months.

5. What is the fee for a Special Immigrant Visa under the EB-4 category?


The fee for a Special Immigrant Visa under the EB-4 category is $435.

6. How is an applicant’s spouse and children included in the Special Immigrant Visa application under the EB-4 category?


An applicant’s spouse and children must be included in the Special Immigrant Visa application under the EB-4 category. The applicant must provide evidence of the relationship, such as marriage or birth certificates, as well as proof of identity and eligibility for immigration. The applicant must also submit separate applications for each family member and submit the appropriate fees.

7. How can one apply for adjustment of status after receiving a Special Immigrant Visa under the EB-4 category?


In order to apply for adjustment of status after receiving a Special Immigrant Visa under the EB-4 category, an individual must first obtain a visa from the U.S. Department of State. Once the visa has been obtained, they can then fill out and file form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS). Depending on the circumstances of the individual’s case, they may also need to submit additional forms as part of their application.

8. What are the benefits of having a Special Immigrant Visa under the EB-4 category?


The benefits of having a Special Immigrant Visa under the EB-4 category include:

1. The ability to live and work permanently in the United States.

2. The ability to apply for a Green Card and become a US citizen.

3. The ability to bring family members to the United States as dependents.

4. Access to a range of government benefits, such as public education, social services, and healthcare.

5. Access to employment opportunities in the United States.

9. Is it possible to change employers after obtaining a Special Immigrant Visa under the EB-4 category?


Yes, it is possible to change employers after obtaining a Special Immigrant Visa under the EB-4 category. However, any new employment must still meet the requirements of the EB-4 category and must be related to the original basis of the visa. Additionally, an individual may not work in the U.S. until they have obtained an Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS).

10. What are the restrictions placed on special immigrants under the EB-4 category?


Some of the restrictions placed on special immigrants under the EB-4 category include:

-Must be sponsored by a U.S. employer or petitioning family member
-Must have been physically present in the U.S. for at least two years immediately before filing the petition
-Must be able to demonstrate that their presence in the U.S. is justified and that their stay in the country is temporary
-Must possess any required qualifications for the position they are seeking
-Must meet all criteria set forth by USCIS

11. Can an applicant get a Green Card through a Special Immigrant Visa under the EB-4 category?


Yes, an applicant may obtain a Green Card through a Special Immigrant Visa under the EB-4 category. The Special Immigrant Visa program is designed to provide green cards to certain foreign nationals who have provided service to the U.S. government or who have worked in a religious capacity for the past two years.

12. How long can an applicant stay in the U.S. with a Special Immigrant Visa under the EB-4 category?


Generally, Special Immigrant Visas issued under the EB-4 category are valid for a period of four years. However, the validity period may vary depending on the specific visa type.

13. Does an applicant need to file an application for naturalization once they have obtained a Special Immigrant Visa under the EB-4 category?


Yes, an applicant will need to file an application for naturalization once they have obtained a Special Immigrant Visa under the EB-4 category. The applicant will need to meet the eligibility requirements and complete the necessary paperwork in order to apply for naturalization.

14. Can an applicant request to extend their stay if they have a Special Immigrant Visa under the EB-4 category?


Yes, an applicant can request to extend their stay if they have a Special Immigrant Visa under the EB-4 category. They should file Form I-539, Application to Extend/Change Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS).

15. Does an applicant need to file taxes if they have received a Special Immigrant Visa under the EB-4 category?


Yes, applicants who have received a Special Immigrant Visa under the EB-4 category are required to file taxes.

16. Are special immigrants to the U.S. eligible for welfare and public benefits?


Yes, special immigrants are eligible for some public benefits such as Medicaid, food stamps, and cash assistance. However, they may be subject to special requirements, such as providing proof of legal status or a certain period of residence in the U.S. before they can receive benefits.

17. What documents are needed when applying for a work permit or adjustment of status with a Special Immigrant Visa under the EB-4 category?


When applying for a work permit or adjustment of status with a Special Immigrant Visa under the EB-4 category, the following documents will be required:

1. Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
2. Evidence of lawful entry into the U.S.
3. Proof of identity and relationship to petitioning relative
4. Fotografía tipo pasaporte
5. Evidence that you are admissible to the United States
6. Form I-485, Application to Register Permanent Residence or Adjust Status
7. Form I-765, Application for Employment Authorization
8. Form I-693, Medical Examination Report
9. Evidence of financial support
10. Evidence of any applicable criminal activity or immigration violations
11. Copies of all relevant documents in your native language and certified translations into English

18. Does an applicant need to notify USCIS once they have changed their address with a Special Immigrant Visa under the EB-4 category?


Yes, an applicant must notify USCIS of any address changes after they receive a Special Immigrant Visa under the EB-4 category. Applicants can notify USCIS of their address change by filing Form AR-11, Alien’s Change of Address Card, online or by mail.

19. Are noncitizens eligible to purchase health insurance coverage in the U.S.?


Yes, noncitizens are eligible to purchase health insurance coverage in the United States. This eligibility, however, depends on the type of visa that the noncitizen holds. Generally, noncitizens who have a valid visa and have been physically present in the United States for at least five consecutive years may be eligible for health insurance coverage through the Affordable Care Act.

20. Is there any risk that an applicant’s visa could be revoked with a Special Immigrant Visa in the EB-4 category?


Yes, there is a risk that an applicant’s visa could be revoked under the EB-4 category. This could occur if the applicant is found to have misrepresented facts, not met eligibility requirements, or if their circumstances change. Additionally, the visa may be revoked if the applicant poses a security risk or if they are found inadmissible under U.S. immigration law.