1. What is an EB-4 Visa?
An EB-4 visa is a special immigrant visa for certain religious workers, employees of U.S. embassies or consulates, retired employees of international organizations, and those who have been granted an honor by the U.S. government. It is also known as the Special Immigrant Visa.
2. How do I qualify for an EB-4 Visa?
In order to qualify for an EB-4 Visa, you must be a “special immigrant.” This includes religious workers, international broadcasters, certain employees or former employees of the U.S. government abroad, NATO-6 nonimmigrants, retired employees of international organizations, and certain physicians. Additionally, you must meet all other applicable requirements for U.S. immigration.
3. How long can I stay in the U.S. with an EB-4 Visa?
The amount of time you can stay in the U.S. with an EB-4 Visa depends on your specific circumstances. Generally, an EB-4 Visa holder is eligible for permanent residency, which means that you can stay in the U.S. indefinitely. However, you may also be eligible for a temporary stay of up to four years in certain cases.
4. What documents are required to apply for an EB-4 Visa?
The documents required to apply for an EB-4 visa depend on the category of visa you are applying for. Generally speaking, you will need to submit the following forms and documents:
– Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
– Evidence of your religious or charitable work that qualifies you for the EB-4 visa category
– Evidence of your current immigration status in the U.S.
– A valid passport or other travel document
– Two passport-style photographs
– Evidence of any legal name change, if applicable
– Evidence of financial support (employment contracts or letters from a sponsor)
– A completed medical examination form
– Any applicable fees
5. What is the processing time for an EB-4 Visa application?
The processing time for an EB-4 visa application varies depending on the country of origin and the particular case. Generally, processing times for the EB-4 visa can take up to several months. However, there are many factors that can affect processing times, such as availability of certain documents, backlogs, and other factors.
6. Are there any special considerations or exemptions for religious ministers and workers applying for an EB-4 Visa?
Yes. Religious ministers and workers may qualify for the Special Immigrant Religious Worker (EB-4) visa. The requirements include: having been a member of a religious denomination for at least two years prior to application, being sponsored by a U.S. organization that has been affiliated with the religious denomination for at least two years, and performing a designated religious vocation or occupation in the U.S. The spouse and unmarried children under 21 years of age also may qualify with the principal applicant.
7. How do I renew my EB-4 Visa?
You must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with U.S. Citizenship and Immigration Services (USCIS). The form must be accompanied by supporting documents such as evidence of your status as an EB-4 visa holder, evidence of your continued eligibility for the visa, and evidence of your continued presence in the United States. You must also include the necessary fees.
8. Can I work in the U.S. with an EB-4 Visa?
Yes, you may be able to if you qualify for an EB-4 visa. This visa is specifically designed for religious workers, certain foreign medical graduates, certain international organization employees, and certain U.S. government-sponsored exchange visitors. To be eligible for the EB-4 visa, you must meet specific criteria as outlined by U.S. Citizenship and Immigration Services (USCIS).
9. Are there any age or health requirements for an EB-4 Visa?
Yes. To be eligible for an EB-4 visa, applicants must meet certain age and health requirements. To qualify, applicants must be at least 21 years of age or older, and must pass a medical examination by an authorized doctor. Applicants must also not be inadmissible to the United States based on health-related grounds as determined by the U.S. Department of State.
10. Is a criminal background check required to apply for an EB-4 Visa?
Yes, a criminal background check is required for an EB-4 visa application. The U.S. Citizenship and Immigration Services may request additional information or checks if they have questions about the applicant’s background.
11. Do I need to have an employer sponsor to obtain an EB-4 Visa?
No, the EB-4 visa does not require an employer sponsor. This visa is for “special immigrants,” which includes religious workers, current or former employees of the U.S. government abroad, and certain immigrants with advanced degrees or specialized skills.
12. What is the cost of filing for an EB-4 Visa?
The cost of filing for an EB-4 Visa depends on the applicant’s age and whether or not they are considered a special immigrant. Generally, the filing fee for an EB-4 Visa is $1,225.
13. Can I bring my family members with me under the EB-4 Visa category?
No. The EB-4 Visa category is for certain special immigrants. You can find more information about the special immigrant categories and the eligibility requirements on the U.S. Citizenship and Immigration Services (USCIS) website.
14. Is a medical exam required to obtain an EB-4 Visa?
No, a medical exam is not required to obtain an EB-4 Visa. However, applicants will need to provide proof of vaccinations to meet the U.S. government’s health requirements.
15. Are there any legal restrictions on what activities I can engage in while I’m in the U.S.?
Yes. Even if you are in the U.S. with a valid visa, you must abide by the laws of the U.S. You must not work unless you have a valid work permit, and you must not engage in any criminal activity. Additionally, you may be subject to additional restrictions depending on your visa type, such as restrictions on engaging in political activities or taking certain classes.
16. Can I travel outside of the U.S. while my EB-4 visa is valid?
Yes, you can travel outside of the U.S. while your EB-4 visa is valid. However, you must ensure that you have a valid passport, visa, and other necessary documents to enter the country of your destination. Additionally, you should make sure that you will be able to reenter the U.S. with your EB-4 visa, as some countries may not allow entry with certain types of visas.
17. Are there any courses of study that are prohibited while on an EB-4 Visa?
Yes, certain courses of study are prohibited for those on an EB-4 visa. These include any courses of study that are designed to lead to a degree, certification, or other recognized credential related to certain religious occupations, such as missionary work or clergy. This restriction may also include certain educational programs related to the interpretation of scripture and teaching of religious doctrine. Additionally, EB-4 visa holders are prohibited from engaging in any type of work-study program, with the exception of a few specified situations.
18. Does an application for an EB-4 Visa require any security clearances or interviews?
Yes, an application for an EB-4 Visa does require security clearances and interviews. The applicant will be required to submit a valid passport, police clearance certificates from countries of residence for the past five years, and a medical examination. The visa holder will also need to attend an interview with a consular officer.
19. Can my spouse qualify for a work permit while on the EB-4 visa?
Yes, your spouse may be eligible for a work permit while on the EB-4 visa. Generally, spouses of EB-4 visa holders may apply for an Employment Authorization Document (EAD) which allows them to work in the United States. Additionally, spouses of some other employment-based nonimmigrant visas such as E-2 and L-1 may also be eligible to receive an EAD.
20. How can I contact a representative or attorney to help me with the EB-4 visa process?
You can contact the American Immigration Lawyers Association (AILA) for help with your EB-4 visa process. AILA is a national organization of lawyers and legal professionals which provides advice, representation, and resources about U.S. immigration law. They can provide referrals to experienced immigration attorneys and can be contacted at 1-800-954-0254.