EB-4 visa

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The EB-4 visa is an employment-based immigrant visa category in the United States for special immigrants. This category includes a diverse group of individuals who qualify for a green card based on their special circumstances rather than traditional employment. The EB-4 visa is designed to cover several subcategories, each with specific eligibility criteria. Here are the main subcategories:

  1. Religious Workers:
    • Ministers and non-ministers in religious vocations and occupations who are authorized to perform religious duties.
  2. Special Immigrant Juveniles status:
    • Children who have been abused, neglected, or abandoned by one or both parents and who are under the jurisdiction of a juvenile court in the United States.
  3. Broadcasters:
    • Employees of the U.S. Agency for Global Media (formerly the Broadcasting Board of Governors) and their immediate family members.
  4. Certain Employees of the U.S. Government Abroad:
    • Employees of the U.S. government who are currently employed abroad or were previously employed abroad for a specified period.
  5. G-4 International Organization Employees or NATO-6 Employees and their Family Members:
    • Individuals who have worked for certain international organizations (like the United Nations) or NATO and their immediate family members.
  6. Armed Forces Members:
    • Members of the U.S. armed forces who have served for a specified period.
  7. Panama Canal Zone Employees:
    • Former employees of the Panama Canal Company or Canal Zone Government.
  8. Iraqi and Afghan Translators/Interpreters:
    • Translators or interpreters who have worked with the U.S. armed forces or under Chief of Mission authority in Iraq or Afghanistan for at least one year.
  9. Iraqi and Afghan Nationals Who Have Provided Faithful and Valuable Service:
    • Individuals who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq or Afghanistan.

Key Requirements and Process:

  1. Eligibility and Documentation:
    • Each subcategory has specific eligibility criteria and documentation requirements. For example, religious workers need to demonstrate they have been working in a religious capacity for at least two years.
  2. Form I-360:
    • The petitioner (which could be the applicant, an employer, or another entity depending on the subcategory) must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with U.S. Citizenship and Immigration Services (USCIS).
  3. Adjustment of Status or Consular Processing:
    • After the I-360 petition is approved, if the applicant is in the U.S., they can file for Adjustment of Status (Form I-485) to become a lawful permanent resident. If they are outside the U.S., they must go through consular processing to obtain an immigrant visa.

Benefits of the EB-4 Visa:

  • Provides a pathway to permanent residency (green card) for the applicant and their immediate family members (spouse and unmarried children under 21).
  • Addresses the unique circumstances of special immigrant populations that do not fit into traditional employment-based visa categories.

Typical Candidates for EB-4 Visa:

  • Individuals in special categories such as religious workers, certain government employees, translators, and others who have provided specific services or faced particular circumstances.

The EB-4 visa offers a crucial pathway to permanent residency for individuals who contribute to U.S. society in unique and valuable ways that do not align with conventional employment-based categories.

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