The EB-4 visa is an employment-based visa that allows certain special immigrants to live and work permanently in the United States. It is meant for individuals who qualify in specific categories, such as religious workers, broadcasters, certain physicians, employees of international organizations, and U.S. Armed Forces members.
How Much Does the EB-4 Visa Cost?
The filing fees for the EB-4 visa depend on the applicant’s situation. Below is a summary of the typical fees:
For applicants inside the U.S.:
- Form I-360 (Petition for Special Immigrant): $515
- Immigrant Fee: $235
- Form I-485 (Adjustment of Status): $1,440
For applicants outside the U.S.:
- Form I-360 (Petition for Special Immigrant): $435
- Form DS-260 (Green Card Application): $345
- Form I-864 (Affidavit of Support): $120
EB-4 Visa Processing Times
The average processing time for Form I-360 is about 7.7 months. After approval, applicants must wait for a visa to become available. Processing times may differ depending on the applicant’s country of origin.
Once a visa is available, applicants can apply for a green card. If already in the U.S., they can file Form I-485 to adjust their status. The average time for Form I-485 is typically around 6.4 months.
For applicants outside the U.S., cases are handled by the National Visa Center (NVC), which forwards the application to the nearest U.S. Embassy or consulate for an interview. Wait times for this stage can vary depending on location.
EB-4 Eligibility
The EB-4 visa is for certain special immigrants, and each category has specific requirements. Common categories include:
- Religious Workers: Individuals working in religious occupations such as ministers or priests.
- Broadcasters: Professional broadcasters for international broadcasting organizations, like Voice of America.
- Certain Physicians: Physicians willing to work in underserved areas in the U.S. or those with a waiver of the two-year foreign residence requirement.
- Employees of International Organizations: Workers for qualifying international organizations like the United Nations or World Bank.
- Armed Forces Members: Current or former members of the U.S. Armed Forces who served honorably for at least 12 years.
Each category has its eligibility criteria, so it’s essential to check your specific situation or consult an immigration attorney.
How to Apply for an EB-4 Visa
The EB-4 visa application process involves these steps:
Filing Form I-360:
The petitioner, typically an employer or organization, files Form I-360 with USCIS. This form establishes eligibility for the special immigrant category.
USCIS Review:
USCIS reviews the petition and supporting documents to verify eligibility.
Approval of Form I-360:
If approved, the applicant is notified, and the case moves forward.
Visa Availability:
The U.S. Department of State publishes a Visa Bulletin that lists visa availability. Some categories may have annual limits, while others may not.
Adjustment of Status or Consular Processing:
- Adjustment of Status: If in the U.S., applicants can file Form I-485 to adjust their status to a green card holder.
- Consular Processing: If outside the U.S., applicants will go through the consular process, which includes attending an interview and submitting additional documentation.
Required Documents for the EB-4 Visa
The required documents depend on the category you apply under but generally include:
- Completed Form I-360
- Supporting documents proving eligibility (e.g., religious worker certificate, employment verification)
- Passport-style photos
- Birth certificate
- Proof of identity and nationality
- Police clearance certificates
- Form I-864 (Affidavit of Support), if required
- Medical examination results
- Visa application fees
EB-4 Visa FAQs
Can I apply for the EB-4 visa without a sponsor?
Some categories, like religious workers, may allow individuals to apply without a sponsor. However, most applicants need a sponsoring employer or organization to file the petition on their behalf.
Are there limits on how many EB-4 visas are issued each year?
Some categories have numerical limits, while others do not. Visa availability depends on the annual limits and the demand for visas.
Can I work for any employer with an EB-4 visa?
The EB-4 visa is generally tied to a specific employer or organization. However, some categories, like religious workers, offer more flexibility.
Can I include my family members in the EB-4 visa application?
Yes, you can include your spouse and unmarried children under 21 years old as dependents. They may be eligible to join you in the U.S. and get derivative benefits.
Can I apply for an EB-4 visa while outside the U.S.?
Yes, applicants living outside the U.S. can apply through consular processing at a U.S. embassy or consulate.
Can I change employers after receiving the EB-4 visa?
Depending on the category, changing employers may be possible, but certain conditions apply. Make sure to review the specific rules for your category.
The EB-4 visa provides a unique path to permanent residency for special immigrants in specific categories. Understanding the eligibility requirements, application process, and necessary documents is crucial to a successful application. For more detailed guidance, it’s recommended to consult with an immigration lawyer who can help you navigate this process based on your specific situation.
