1. How long does the EB-4 visa last?
The EB-4 visa is a permanent visa, meaning it does not expire. Once the applicant is granted a green card, they can remain in the United States indefinitely and be eligible for naturalization after five years.
2. What are the eligibility requirements for the EB-4 visa?
The EB-4 visa is a visa category for special immigrants, which includes the following:
•Religious workers
•Broadcasters
•Iraqi and Afghan translators
•International organization employees
•Physicians
•Armed Forces members
•Panama Canal Zone employees
•Certain retired employees of the U.S. government
•Certain former employees of the Panama Canal Company or Canal Zone Government
•Spouses and children of deceased employees of the Panama Canal Company or Canal Zone Government
•Certain employees of international organizations
•Certain former employees of international organizations
•Certain former Peace Corps volunteers
•Certain foreign medical graduates
•Certain unmarried sons and daughters of certain former U.S. Permanent Residents.
3. What documents are required to apply for an EB-4 visa?
In order to apply for an EB-4 visa, an individual must provide the following documents:
1. A valid passport
2. A signed, completed Form I-360 or Petition for Amerasian, Widow, or Special Immigrant
3. Evidence of any prior immigration status, such as a copy of Form I-797 approval notice for any previously granted nonimmigrant status
4. A signed and completed Form DS-230 or Application for Immigrant Visa and Alien Registration (if applicable)
5. Documentation proving the immigrant meets the qualifications for the EB-4 classification, including documentation of employment, religious worker status, or other proof of qualifications
6. Two recent color passport-style photographs
7. Evidence of financial support, such as a sponsor’s affidavit of support, or evidence of the immigrant’s ability to self-support (if applicable)
8. The required filing fee or proof of fee exemption
4. How long does it take to process an EB-4 visa application?
The processing time of an EB-4 visa application can vary based on several factors, including the type of visa being applied for and the country of origin. Generally, the processing time for an EB-4 visa ranges from a few weeks to several months, depending on these factors.
5. What is the cost associated with applying for an EB-4 visa?
The cost associated with applying for an EB-4 visa varies depending on the particular situation. Generally, the cost includes the filing fees for Form I-360, the fee for biometrics, and any applicable fee for premium processing. The filing fee for Form I-360 is $435 and the biometrics fee is $85. The premium processing fee is an additional $1,410.
6. What type of religious activities are allowed on an EB-4 visa?
Religious activities allowed on an EB-4 visa include, but are not limited to, working as a minister or religious worker, teaching religious doctrine, and engaging in missionary work. The visa holder must be a member of a recognized religious denomination and have been a member for at least two years prior to filing the visa petition.
7. Do I need a job offer or labor certification to qualify for an EB-4 visa?
No, you do not need a job offer or labor certification to qualify for an EB-4 visa. The United States Citizenship and Immigration Services (USCIS) considers many factors when determining eligibility for an EB-4 visa. These include the applicant’s qualifications, work experience, educational background and other requirements listed on the USCIS website.
8. How many people can be included in an EB-4 visa application?
A maximum of four people can be included in an EB-4 visa application. The principal applicant must be included, and up to three qualified family members may also be included.
9. Are there any restrictions on the length of time a religious worker can stay in the U.S.?
Yes, there are restrictions on the length of time a religious worker can stay in the U.S. Nonimmigrant religious workers who enter the country on an R-1 visa can stay for up to five years in the United States; however, they must prove to USCIS that they intend to terminate their employment in the U.S. upon the expiration of their visa. Additionally, any extensions of R-1 status must be approved before the initial five-year period expires, and extensions cannot exceed an additional five years.
10. What is the difference between an EB-3 and an EB-4 visa?
An EB-3 visa is a permanent residency visa for individuals who can prove that they have skills and/or education that are in demand in the United States. An EB-4 visa is a special immigrant visa for religious workers, foreign medical graduates, foreign broadcast journalists, and certain retired employees of international organizations. Both visas are permanent residency visas, but the qualifications for each are different.
11. Do spouses and dependents of religious workers qualify for immigration on an EB-4 visa?
Yes, spouses and unmarried children under the age of 21 are eligible for immigration on an EB-4 visa.
12. Is there a cap on the number of religious workers who can be admitted each year to the U.S. on an EB-4 visa?
Yes, there is a cap on the number of religious workers who can be admitted each year to the U.S. on an EB-4 visa. The annual limit is 5,000 visas.
13. Does the U.S. government require religious workers to demonstrate a commitment to their faith and their denomination before they can receive an EB-4 visa?
Yes, the U.S. government requires religious workers to demonstrate a commitment to their faith and their denomination before they can receive an EB-4 visa. This includes providing evidence of good standing in their faith and denomination, as well as satisfactory references from a leader in the faith and/or denomination.
14. Does the U.S. government require background checks for applicants of an EB-4 visa?
Yes, the U.S. government requires applicants of an EB-4 visa to undergo a background check. The background check must include a criminal history check, a check of immigration records, and other security-related checks.
15. Are there any restrictions on how much money a religious worker can earn while in the U.S.?
Yes, there are restrictions on how much money a religious worker can earn while in the U.S. Religious workers must remain employed by the organization that sponsored them for temporary religious work and must not engage in any other form of gainful employment. Additionally, they may be limited to earning no more than their average weekly salary or wages for the most recent year in which services were rendered.
16. Are you required to have a permanent residence in order to qualify for an EB-4 visa?
No, you are not required to have a permanent residence to qualify for an EB-4 visa. However, you must have an approved immigrant visa petition and be the beneficiary of a qualifying offer of permanent employment or a special immigrant classification from the US Citizenship and Immigration Services (USCIS).
17. Is a Social Security number required when applying for an EB-4 visa?
No, a Social Security number is not required when applying for an EB-4 visa. However, it is recommended that applicants obtain a Social Security number if they plan to work in the United States.
18. Are there any restrictions on how long a religious worker can stay in the U.S.?
Yes, religious workers may stay in the U.S. for a period of up to 5 years on an R-1 Nonimmigrant Visa. The visa may be extended for an additional period of up to 5 years, for a maximum of 10 years. After the 10-year period has expired, the religious worker must depart the U.S. and remain outside of the country for at least one year before they can apply for another R-1 visa.
19. Are you required to have health insurance while in the U.S.?
No. However, it is strongly recommended. The Affordable Care Act requires most people to have health insurance or pay a fee.
20. Are there any additional fees or costs associated with applying for and maintaining an EB-4 visa?
Yes. In addition to the filing fees associated with the initial application for an EB-4 visa, there may also be additional fees associated with obtaining and maintaining the visa. These may include fees for biometric services, such as fingerprinting and photographs; travel expenses; and possible additional processing fees for certain steps in the application process. Applicants should be aware of any additional fees that may apply to their individual situation.