1. What is an EB-4 Special Immigrant Visa?
The EB-4 Special Immigrant Visa is a type of visa that is available to certain special immigrants, including religious workers, certain U.S. government employees, and former members of the U.S. military. This visa allows these special immigrants to remain in the United States and become lawful permanent residents.
2. Who is eligible for an EB-4 Special Immigrant Visa?
EB-4 Special Immigrant Visas are reserved for individuals who have been employed by the United States government abroad, religious workers, certain physicians, international broadcasters, and others with extraordinary ability or an advanced degree. Additionally, certain members of the U.S. Armed Forces and their families are also eligible.
3. What types of EB-4 Special Immigrant Visas are available?
EB-4 Special Immigrant Visas are available for religious workers, broadcasters, international organization employees, Iraqi and Afghan translators, physicians, retired international organization employees, and certain U.S. government employees.
4. How do I apply for an EB-4 Special Immigrant Visa?
In order to apply for an EB-4 Special Immigrant Visa, you must first contact the United States Citizenship and Immigration Services (USCIS). The EB-4 Special Immigrant Visa category provides eligible applicants a pathway to legal permanent residence in the United States. You must also provide the USCIS with proof that you meet the eligibility criteria for the visa category, including evidence of your qualifying relationship to the religious or charitable organization, and any other documents the USCIS requests. You must then submit a completed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
5. What documents do I need to apply for an EB-4 Special Immigrant Visa?
To apply for an EB-4 Special Immigrant Visa, you must provide the following documents:
– Evidence of your current nationality;
– Documentation to prove your eligibility for the nonimmigrant visa classification you are applying for;
– A valid passport and passport photograph;
– A completed Form DS-156 (Nonimmigrant Visa Application);
– Form DS-230 (Application for Immigrant Visa and Alien Registration);
– Evidence of your occupation or field of work in the U.S.;
– Evidence demonstrating your ability to financially support yourself in the U.S.;
– Evidence that you have been lawfully admitted to the U.S. as a nonimmigrant;
– Evidence of lawful admission or parole into the U.S. if applying from outside the U.S.; and
– Any additional documentation that is required based on your particular circumstances.
6. How long does it take to receive an EB-4 Special Immigrant Visa?
The processing time for an EB-4 Special Immigrant Visa varies depending on the individual’s circumstances. Generally, it can take anywhere from eight months to one year or more to receive an EB-4 Visa. The actual timeline may vary depending on the type of visa and the individual’s specific situation.
7. What are the requirements for the Religious Worker category of the EB-4 Special Immigrant Visa?
In order to qualify for an EB-4 Special Immigrant Visa under the Religious Worker category, the applicant must have been working in a full-time, compensated religious position in the United States for at least two years prior to filing the application. The applicant must also provide evidence of active membership in a religious denomination that has an established non-profit entity in the United States for at least two years prior to filing the application and must maintain that membership during the entire period of time they are in the United States. Additionally, applicants must prove that they intend to work solely as a minister or in a professional or other religious vocation or occupation with the same religious organization or denomination.
8. Is there a fee to apply for an EB-4 Special Immigrant Visa?
Yes. The fee for filing Form I-360 is $435. The fee for filing Form I-485 is $1,140 if you are between the ages of 14 and 78. There is no fee to file Form I-485 if you are 13 or younger, or 79 or older.
9. Can I bring my family with me on my EB-4 Special Immigrant Visa?
Yes, your family members may be able to accompany you to the United States on derivative visas. Your immediate family members (spouse and unmarried children under the age of 21) may qualify for derivative visas, which allow them to enter and remain in the United States as your dependents.
10. What type of work am I allowed to do with my EB-4 Special Immigrant Visa?
As an EB-4 Special Immigrant Visa holder, you are allowed to work in any job that requires the skills and qualifications listed on your visa application. This includes both professional and nonprofessional jobs. You must also meet any other requirements for employment in the United States as required by federal, state, or local law.
11. How long is an EB-4 Special Immigrant Visa valid for?
An EB-4 Special Immigrant Visa is valid for an indefinite period of time.
12. Are there any restrictions on my travel with an EB-4 Special Immigrant Visa?
Yes. You must enter the United States within 6 months of the date your visa was issued. After you enter the United States, you must remain in the United States in order to maintain your Special Immigrant status and obtain a green card.
13. Is there a language requirement for an EB-4 Special Immigrant Visa?
No, there is no language requirement for an EB-4 Special Immigrant Visa. However, applicants must demonstrate that they have sufficient knowledge and understanding of the English language to enable them to live and work in the United States.
14. What is the process for obtaining a Green Card with an EB-4 Special Immigrant Visa?
The process for obtaining a Green Card with an EB-4 Special Immigrant Visa involves filing an I-360 application with USCIS. This application must be accompanied by the necessary supporting documents, including proof of special immigrant status. Once the application is approved, applicants can then submit an I-485 application to adjust their status to permanent residence. Applicants must include supporting documents to prove their eligibility for the visa, including evidence of their current immigration status, and other requirements specific to the EB-4 visa. Once the I-485 application is approved, the applicant will receive their Green Card in the mail.
15. Do I need to renew my EB-4 Special Immigrant Visa after it expires?
Yes, you need to renew your EB-4 Special Immigrant Visa before it expires. The USCIS website provides instructions for how to do this.
16. Are there any other benefits of having an EB-4 Special Immigrant Visa?
Yes, there are several additional benefits of having an EB-4 Special Immigrant Visa. These include: eligibility for certain federal benefits such as Social Security, Medicare, and Supplemental Security Income; the right to live in the United States permanently; access to the U.S. job market; and the ability to travel in and out of the country without the need for a visa. Additionally, individuals with an EB-4 visa can apply for U.S. citizenship after five years of permanent residence.
17. What is the process for obtaining a U.S. citizenship through an EB-4 Special Immigrant Visa?
a) The process for obtaining a U.S. citizenship through an EB-4 Special Immigrant Visa includes applying for a permanent resident (green) card, attending an interview with the U.S. Citizenship and Immigration Services (USCIS), and passing a citizenship and English language test. After obtaining a green card, applicants can apply for naturalization after five years of permanent residence in the United States.
18. How long does it take to get a green card after obtaining an EB-4 Special Immigrant Visa?
The time it takes to obtain a green card after obtaining an EB-4 Special Immigrant Visa will depend on the individual’s situation and the backlog of cases. Generally, the process from filing the I-360 form to receiving the green card can take anywhere from 6 months to 5 years or more.
19. Are there any restrictions on how long I can stay in the U.S. with an EB-4 Special Immigrant Visa?
The length of stay in the U.S. with an EB-4 Special Immigrant Visa is subject to the terms and conditions of the visa granted to the beneficiary. Generally, the visa holder will be allowed to remain in the U.S. until they apply for and receive a permanent resident status in the U.S., or until their visa expires.
20. Are there any special requirements for an EB-4 visa holder who wants to change employers in the U.S.?
Yes. An EB-4 visa holder who wishes to change employers in the U.S. must apply for a new visa, known as an EB-4 Portability visa. To qualify for this visa, the applicant must have had an approved EB-4 visa before leaving the U.S., and must have maintained a continuous period of authorized stay in the U.S. prior to changing employers. Additionally, the new employer must file a Form I-140 Immigrant Petition for Alien Worker with the USCIS.