1. What is the process for applying for an EB-4 visa?

The process for applying for an EB-4 visa requires that the applicant first file a Form I-360, Petition for Special Immigrant, with U.S. Citizenship and Immigration Services (USCIS). The applicant should include supporting documentation to prove their eligibility as a special immigrant, such as proof of employment, proof of service in the U.S. armed forces, or other evidence that the applicant qualifies for the visa. After the I-360 petition is approved, the applicant must submit Form DS-260 to the National Visa Center (NVC) and submit an Affidavit of Support from a financial sponsor. Once approved, the applicant will be invited to an interview at their local U.S. embassy or consulate and will need to bring documents to prove their identity, family relationship if applicable, and other documents related to the case. After the interview, if the applicant is approved, they will receive their EB-4 visa.

2. What documents are required to apply for an EB-4 visa?

To apply for an EB-4 visa, you will need the following documents:

1. Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
2. Two passport-style photos
3. Proof of your current immigration status or lawful admission to the United States (if applicable)
4. Evidence of your eligibility for the EB-4 visa
5. Evidence of any special skills, training, or qualifications you possess (if applicable)
6. Proof that you are able to support yourself and any dependents without relying on public assistance (if applicable)
7. A valid passport
8. A medical examination and vaccination record
9. An affidavit of support from a U.S. citizen or permanent resident sponsor (if applicable)
10. A copy of your birth certificate or other proof of identity and nationality
11. Any additional documents requested by the U.S. Citizenship and Immigration Services (USCIS)
12. The filing fee, and if applicable, the immigrant visa processing fee

3. What are the requirements to qualify for an EB-4 visa?

The EB-4 visa is a special immigrant visa for non-ministers religious workers, special immigrants, employees of international organizations in the United States, special immigrant juveniles, and certain other categories of immigrants.

In order to qualify for an EB-4 visa, applicants must provide evidence that they:

• Are a non-minister religious worker;
• Are an employee of an international organization;
• Are a special immigrant;
• Are a special immigrant juvenile; or
• Meet one of the other categories of EB-4 as designated by the State Department.

Additionally, applicants must demonstrate that they are admissible to the United States by providing relevant documents and evidence. This includes showing that they have not been convicted of certain crimes and have not been found to be inadmissible for security or health reasons.

4. What is the processing time for an EB-4 visa application?

The processing time for an EB-4 visa application is typically between 4 and 6 months. However, processing times can vary depending on the particular circumstances of each case and the number of applications being processed at any given time.

5. What are the fees associated with an EB-4 visa application?

The filing fees for an EB-4 visa application depend on when the application is filed and whether the applicant is filing as an individual or under the religious worker program. Generally, the application fee is $345 for individuals and $405 for religious workers. Additionally, there is an $85 biometric fee and possibly other fees depending on the applicant’s circumstances.

6. What is the fee waiver process for an EB-4 visa application?

The fee waiver process for an EB-4 visa application is similar to the fee waiver process for other types of visa applications. Applicants must submit a Form I-912, Application for Fee Waiver, detailing their financial hardship and how waiving the fee would improve their economic situation. The form must be supported by documents proving the applicant’s financial hardship, such as income tax returns, pay stubs, and proof of government assistance. The USCIS may also require additional information or documentation to support the fee waiver request.

7. Are there any special restrictions or limitations associated with an EB-4 visa?

Yes, there are a few restrictions and limitations associated with an EB-4 visa. This visa is only available to certain categories of immigrants, such as religious workers, international broadcasters, certain employees of the U.S. government abroad, and certain foreign medical graduates. Additionally, the applicant must be able to demonstrate that they possess the required skills and experience to perform their intended job duties. Finally, the applicant must meet certain other criteria in order to be eligible for an EB-4 visa.

8. What is the maximum time period a person can stay in the US with an EB-4 visa?

The maximum time period a person can stay in the US with an EB-4 visa is indefinite. However, they must have a valid green card or other valid immigration status to remain in the US indefinitely.

9. Are there any additional benefits associated with holding an EB-4 visa?

Yes, there are additional benefits associated with holding an EB-4 visa. These can include the ability to bring family members to the U.S., the ability to seek U.S. permanent residence (green card) without the need for an employer sponsor, and the ability to obtain U.S. citizenship after five years of continuous residence in the U.S. with an EB-4 visa.

10. Is it possible to change my status to an EB-4 visa from another type of visa?

Yes, it is possible to change your status from another type of visa to an EB-4 visa. You will need to submit an application to U.S. Citizenship and Immigration Services (USCIS) and provide additional documentation as requested.

11. Are there any special considerations I should take into account when applying for an EB-4 visa?

Yes. Generally, applicants for an EB-4 visa must have at least a high school diploma or its equivalent. Additionally, applicants must demonstrate that they possess the necessary skills and qualifications to perform the intended job in the United States. Depending on the type of job, applicants may also be required to show proof of specialized training or experience. Furthermore, in certain cases, applicants may need to provide proof of English language proficiency or demonstrate financial self-support.

12. Are there any particular skills or qualifications that are required to be eligible for an EB-4 visa?

Yes. To be eligible for an EB-4 visa, applicants must meet certain criteria depending on their intended purpose of entry. Generally, job-based applicants must have at least two years of experience or specialized skills in a particular field, while those entering the US for religious work must be a member of a religious denomination, have been involved in religious activities within the past two years, and be entering the US to work as a minister or in a professional capacity for a religious organization. Other special immigrant categories are available for physicians, international broadcasters, armed forces members, retired employees of international organizations, certain Afghans and Iraqis working for the US government, and certain other categories.

13. Are there any quotas or caps on the number of people who can apply for an EB-4 visa in a given year?

No, there are no quotas or caps on the number of people who can apply for an EB-4 visa in a given year. However, visas are limited to the number of visas available to each country each year. Additionally, some countries may be subject to per-country limits or more detailed selection criteria which could affect the number of visas available.

14. How often must I renew my EB-4 visa in order to stay in the US legally?

Your EB-4 visa is typically valid for a period of four to five years. In order to maintain legal status in the US, you must apply for a renewal at least four months prior to the expiration date on your current visa.

15. Is it possible to sponsor someone else on my EB-4 visa?

No, the EB-4 visa is only for certain special immigrants, including religious workers and certain foreign medical graduates. You may be able to sponsor someone else on a family- or employment-based visa, however.

16. Can I work on my EB-4 visa in the US?

Yes, you can work on an EB-4 visa in the US. You will need to meet the requirements for the visa and have a sponsor to help you with the process.

17. Are there any special requirements if I am a member of a religious organization and applying for an EB-4 visa?

Yes. Members of a religious organization may be eligible for EB-4 visas if they demonstrate that the organization is a bona fide nonprofit religious organization that has been approved by the U.S. Citizenship and Immigration Services (USCIS). The applicant must also demonstrate that the purpose of their visa is to work solely in a religious vocation or occupation for the religious organization in the U.S. The applicant must also provide evidence of at least two years of service in the past two years in a religious vocation or occupation, and must provide evidence of their ministerial or professional qualifications for such work.

18. Is there a special application process or forms I need to fill out if I am an Afghan or Iraqi Special Immigrant applying for an EB-4 visa?

Yes. Afghan and Iraqi Special Immigrants must fill out the I-360 form and provide evidence of their special immigrant status in order to apply for an EB-4 visa. Additional documentation may be required depending on the applicant’s status.

19. Is there a way to expedite the processing of my EB-4 visa application if I am facing extraordinary circumstances or urgent need?

Yes, you may be able to expedite the processing of your EB-4 visa application by filing Form I-601A, Application for Provisional Unlawful Presence Waiver, with U.S. Citizenship and Immigration Services (USCIS). In this form, you must demonstrate that there are exceptional or urgent circumstances that require an expedited decision on your visa application. USCIS also has a process for expediting an application in emergent or humanitarian situations. For more information about these processes, please consult the USCIS website or contact an experienced immigration attorney.

20. Are there any restrictions on travel outside of the US while holding an EB-4 visa?

Yes, there may be restrictions on travel outside of the US while holding an EB-4 visa. Depending on the applicant’s country of origin and the length of their stay in the US, they may need to obtain a returning resident visa from their home country before being allowed to re-enter the US. Additionally, some countries may require that applicants obtain a special visa before traveling to that country. Applicants should contact their local embassy or consulate for more information.