1. What is an EB-4 visa?
An EB-4 visa is a special immigrant visa reserved for individuals who have been granted their green card through a special immigrant or religious worker program. It is reserved for specific types of immigrants such as religious workers, medical professionals, and members of the US Armed Forces. This visa is necessary if an individual would like to live and work in the US permanently.
2. What are the eligibility requirements to obtain an EB-4 visa?
To be eligible for an EB-4 visa, the applicant must meet one of the following criteria:
1. Special Immigrant Religious Worker: A person who has been a member of a religious denomination for at least two years and is coming to the United States to work in a religious vocation or occupation for a bona fide, non-profit religious organization in the United States.
2. Broadcaster: A person who is coming to work as a broadcaster for a U.S-based employer and has been employed as a professional in television or radio broadcasting continuously for at least one year outside the United States.
3. International Organization Employee or Family Member: An employee, official, or family member of an international organization which is designated by the President of the United States.
4. Physician National Interest Waiver: A foreign physician who has an offer of employment from a U.S.-based employer to practice medicine in an area with a shortage of health care professionals. The applicant must also meet certain criteria to qualify for the National Interest Waiver.
5. Afghan/Iraqi Translator: A person who worked as a translator/interpreter for the United States armed forces or under Chief of Mission authority as an interpreter or translator for at least 12 months after March 20, 2003.
6. Afghan/Iraqi National Employee: An Afghan or Iraqi national who was employed by or on behalf of the US government in Iraq or Afghanistan on or after October 7, 2001 for at least one year and has experienced an ongoing serious threat as a consequence of that employment.
3. How long is an EB-4 visa valid for?
An EB-4 visa is valid for a maximum of 10 years.
4. What documents do I need to apply for an EB-4 visa?
The following documents are required to apply for an EB-4 visa:
1. A valid passport
2. A completed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
3. Supporting evidence demonstrating eligibility for the visa category
4. Evidence of a qualifying relationship
5. Evidence of the ability to financially support self or family in the U.S.
6. A signed and completed Form I-485, Application to Register Permanent Residence or Adjust Status, when applicable
7. Two recent passport-style photographs
8. Evidence of a valid job offer from a U.S. employer, when applicable
9. A medical examination report, when applicable
10. An affidavit of support, when applicable
11. A police certificate, when applicable
12. Proof of valid status in the United States, when applicable
5. Is an EB-4 visa a permanent or temporary visa?
An EB-4 visa is a permanent visa.
6. What is the process for obtaining an EB-4 visa?
The process for obtaining an EB-4 visa begins with submitting the appropriate application and supporting documents to the United States Citizenship and Immigration Services (USCIS). This includes the Form I-360, Petition for Special Immigrant, along with proof that the applicant qualifies as a special immigrant. Applicants must also provide evidence of their ability to financially support themselves in the United States. Once the application is filed, USCIS will review the information and either approve or deny the petition. If approved, applicants will receive an immigrant visa number that they can use to apply for a green card or permanent residence status.
7. How can I check the status of my EB-4 visa application?
You can check the status of your EB-4 visa application by contacting the U.S. Citizenship and Immigration Services (USCIS). You may also be able to check the status of your application online using the USCIS “My Case Status” tool.
8. Is there an age limit to apply for an EB-4 visa?
Yes, there is an age limit to apply for an EB-4 visa. The applicant must be under 21 years of age.
9. How long does it take for an EB-4 visa to be processed?
The processing time for an EB-4 visa depends on the individual case. Generally, the processing time is 6 to 12 months, but it could take longer depending on the complexity of the individual case.
10. Are there particular countries that are not eligible for an EB-4 visa?
Yes. Generally, some of the countries not eligible for an EB-4 visa are Bangladesh, Ethiopia, Nepal, Nigeria, Pakistan, and Somalia. However, there may be exceptions depending on the individual situation.
11. Can I change my job while on an EB-4 visa?
Yes, you can change jobs while on an EB-4 visa, but you must file a petition with USCIS for an amended status. Additionally, you must also report any change in your employment to USCIS within 10 days of making the change.
12. Can I bring family members with me to the US on my EB-4 visa?
No, family members are not eligible for derivative status on an EB-4 visa. Only the principal applicant is eligible.
13. Can I apply for citizenship while on an EB-4 visa?
No, the EB-4 visa does not provide a pathway to U.S. citizenship. To obtain U.S. citizenship you must apply for and be granted a immigrant visa (green card) before you can apply for U.S. citizenship.
14. Is a police clearance certificate required for an EB-4 visa application?
Yes, a police clearance certificate is required for an EB-4 visa application. The police clearance must be from the applicant’s country of origin, as well as any other countries where the applicant has lived for a total of more than six months in the past five years.
15. Are financial documents required for an EB-4 visa application?
Yes, financial documents are required for an EB-4 visa application. These include evidence of financial assets, such as bank statements and tax returns, to demonstrate the applicant’s ability to support themselves in the United States.
16. Can I travel while my EB-4 visa application is being processed?
Yes, you can travel while your EB-4 visa application is being processed, as long as you have a valid visa. However, if your visa application is still pending, you may be denied entry into the United States upon your return.
17. What is the maximum period of stay on an EB-4 visa?
The maximum period of stay on an EB-4 visa is 10 years.
18. Are there any special considerations for religious workers who qualify for an EB-4 visa?
Yes, religious workers who qualify for an EB-4 visa must meet certain additional requirements, which include: having a bona fide offer of employment from a qualifying religious organization in the United States; having a minimum of two years of prior experience in the religious vocation; and having been a member of the religious organization for at least two years prior to the application. The applicant must also provide evidence of qualifications or credentials issued by the religious denomination for the specific type of religious occupation sought.
19. Are there any special fees associated with applying for an EB-4 visa?
Yes, there may be special fees associated with an EB-4 visa application, such as the USCIS Immigrant Fee, the Affidavit of Support fee, and the Fraud Detection and National Security Fee.
20. Are there any restrictions on the type of religious work that can be done while on an EB-4 visa?
Yes, there are restrictions on the type of religious work that can be done while on an EB-4 visa. Generally, a religious worker on an EB-4 visa may only engage in activities involving liturgical or non-liturgical religious functions, such as worship or instruction. The religious worker may also engage in activities related to the religious organization’s internal administration, such as fundraising or providing pastoral care and counseling.