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what is eb4 visa

by Maye Brown DDS Published 3 years ago Updated 2 years ago
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EB-4: Employment-Based Immigration - Permanent Workers - Special Immigrants. Special immigrants are individuals who may be eligible for lawful permanent resident status (a Green Card) based on specific visa categories that are listed in the Immigration and Nationality Act (INA).May 11, 2021

Full Answer

What is an EB-4 visa for special immigrants?

EB-4 Visa: Special Immigrants. The EB-4 visa is specified as an employment-based green card for special immigrant religious workers. It is generally intended for members of a non-profit religious denomination in the United States, however, the category can cover a broad range of applicants:

Why does it take so long to get EB-4 visa?

Because of the annual limit on the number of visas for EB-4, the processing time for it can be quite long. The visas are processed chronologically and in order, so if your visa is the next one after the year has ended and the limit is filled, you will be processed in the next year.

How much does it cost to get an EB-4 green card?

This process usually takes about six months and can cost between $750 and $1,225. Those that are eligible will likely want to take these factors into account when deciding between adjustment of status and consular processing. It is a common misconception that having an R-1 visa is a direct path to the EB-4 green card.

Can a broadcaster get an EB-4 visa?

Additionally, if a person who is a broadcaster wants to get an EB-4 visa, the petition must be submitted by the US Broadcasting Board of Governors (BBG) or a grantee of the BBG. The broadcaster must be involved in media work and not have a technical or support role for the BBG.

How old do you have to be to get an EB-4?

Who is eligible for the 4th preference visa?

What is broadcast expertise?

Can I petition for 4th preference?

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Who comes under EB4 category?

The EB4 category is reserved for a broad group of special immigrants that most commonly includes religious workers, broadcasters, Iraqi / Afghan translators, Iraqis who have assisted the United States, international organization employees, physicians, armed forces members, Panama Canal zone employees, retired NATO-6 ...

Is EB4 is a visa or green card?

What is an EB-4 Special Immigrant Visa? The EB-4 Special Immigrant Workers visa is an immigrant visa which allows foreign nationals who are members of certain organizations, or belong to certain group of individuals, to enter into the U.S. to obtain permanent residency.

How can I get EB4 visa?

How to apply for the EB-4 visa?Filing the petition. The US employer must get the approval of USCIS in order to be allowed to hire a foreign employee. ... File Form DS-261, Choice of Address and Agent. The foreign employee or applicant will file Form DS-261 online.

What is EB4 category India?

The employment-based fourth preference (EB4) category is an immigrant visa preference category for “special immigrants.” A person may apply for lawful permanent resident (LPR) status in the EB4 category if he or she meets the requirements for status as a special immigrant.

How long does an eb4 visa take?

about six monthsThis process usually takes about six months and can cost between $750 and $1,225. Those that are eligible will likely want to take these factors into account when deciding between adjustment of status and consular processing.

What happens after I-360 is approved?

After a Form I-360 petition is approved, the self-petitioner may apply for adjustment of status until his or her priority date is current. Battered spouses or children in the immediate relative category will be able to apply for adjustment of status as soon as the Form I-360 is approved.

How long does it take for I 360 to be approved?

between 16 to 21 monthsWhen you file the I-360 form with the attached evidence, it may take between 16 to 21 months to process your VAWA petition fully. USCIS will issue a Prima Facie Determination Notice to VAWA petitioners who qualified and fulfilled requirements. When you receive such a notice, it is valid for 150 days.

Can you get a visa by working for a church?

Many people obtain R-1 visas through sponsorship by the church after receiving an offer for employment in a religious occupation, in a religious vocation, or as a Minister, in the U.S. The U.S. government does not place an annual cap or limit on how many R-1 visas can be issued each year.

How long does it take for I 360 special immigrant to be approved?

USCIS generally makes decisions on SIJ petitions within 180 days (about six months) from your official filing date.

How can I change my r1 visa to green card?

How to Proceed From R-1 Visa Status to Permanent ResidenceI-360 petition form. ... Employer attestation. ... Proof of nonprofit status. ... Proof of ability to pay. ... Evidence of membership. ... If the petition is for a minister, copies of educational and ordination documentation. ... Proof of two years' experience. ... Filing fee.

Is EB1A green card?

The EB1A classification is an immigrant classification so it qualifies for a green card for the applicant, their spouse, and children. Also, the EB1A classification is eligible for self-petition, so an applicant can file the application on their own behalf without a foreign company applying for them.

Who comes under eb1 category?

The EB-1 visa is an employment-based green card available to foreign nationals who demonstrate extraordinary ability in their field, whether the sciences, the arts, education, business, or athletics. Evidence proving extraordinary is by "sustained national or international acclaim."

What is EB-5 visa category?

What is an EB-5 Visa? The EB-5 (employment-based, 5th preference) investor visa grants permanent resident status to investors who satisfy certain criteria. With this visa, the applicant's spouse and unmarried children below the age of 21 may also receive a green card.

Is EB1A green card?

The EB1A classification is an immigrant classification so it qualifies for a green card for the applicant, their spouse, and children. Also, the EB1A classification is eligible for self-petition, so an applicant can file the application on their own behalf without a foreign company applying for them.

What is eb1 category for green card?

What are EB-1 Visas? The EB-1 visa is an employment-based green card available to foreign nationals who demonstrate extraordinary ability in their field, whether the sciences, the arts, education, business, or athletics. Evidence proving extraordinary is by "sustained national or international acclaim."

What is E1 visa in USA?

The E1 visa or otherwise called the Treaty Trader Visa is a US non-immigrant visa for all those who trade with the US. The trade must be between the US and an E1 visa country with which the US has a trade and investment treaty.

EB-4: Employment-Based Immigration - Permanent Workers - USCIS

Special immigrants are individuals who may be eligible for lawful permanent resident status (a Green Card) based on specific visa categories that are listed in the Immigration and Nationality Act (INA). Eligibility depends on the requirements for each visa category.ory.

EB4 Green Card for Special Immigrants & Religious Workers - Path2USA

Learn everything you need to know about EB4 Green Card. Read about its inclusions, eligibility, documents required & know how to apply for EB4 green card.

EB-4 Visa for Special Immigrants: Who Qualifies? | Nolo

You certainly can't tell who a "special immigrant" visa is meant to cover by its name. In fact, this visa category (technically, the employment fourth preference category ) is an odd one, created by Congress for various visas that don't seem to fit anywhere else.

EB4 Visa - US Immigrant Employment Visa for Special Immigrants - Donuts

Besides family and immediate relative immigration visas, the US also gives visas to people who qualify to work in the country. The Employment immigrant visas allow foreign workers who have found an employer willing to hire them to come to the US permanently and work without an Employment Authorization Document. The Employment Sponsored Visas are subject to a cap of 140,000 visas per year.

EB-4 Green Card for Special Immigrants - VisaNation

The EB-4 immigrant visa is specified as an employment-based green card for special immigrant religious workers. It is generally intended for members of a non-profit religious denomination in the United States, however, the category can cover a broad range of applicants:

What is special immigrant status?

Special immigrants are individuals who may be eligible for lawful permanent resident status (a Green Card) based on specific visa categories that are listed in the Immigration and Nationality Act ( INA). Eligibility depends on the requirements for each visa category. To petition for an employment-based fourth preference (EB-4) immigrant, ...

Can I petition for an EB-4?

To petition for an employment-based fourth preference (EB-4) immigrant, your employer must file a Form I-360, Petition for Amerasian, Widow (er), or Special Immigrant. However, there are certain situations where you, the employee, may petition on your own behalf (known as self-petitioning).

What are the two groups of foreign nationals in the EB4 category?

To recap, there are two groups of foreign nationals within the EB4 category. The first is religious workers (commonly ministers) and the second is employees and former workers of the U.S. Government overseas (foreign nationals). The process is relatively fast since you can obtain a visa/ change of status immediately after the petition is approved and there are no job market tests which must be completed in advance. Review the aforementioned list of documents necessary and consult an immigration attorney for more specific details.

What is the final step in the EB-4 process?

The final step in the EB-4 process once your priority date is current is to obtain your permanent resident status. This is done in one of two ways:

How long does it take to get an I-485?

It involves filing an I-485 application to adjust status with the U.S. to have your nonimmigrant status adjusted to immigrant status. This process usually takes about six months and can cost between $750 and $1,225. Those that are eligible will likely want to take these factors into account when deciding between adjustment of status and consular processing.

How long does it take to get a visa after a petition is approved?

No test of the job market is necessary in this case. so the entire process can take only a few months.

Who is VisaNation Law Group?

VisaNation Law Group immigration lawyers are capable of assisting clients with the I-360 petition for Amerasian, Widow, or Special Immigrant and the EB-4 Religious Worker letter.

Can I get premium processing for EB-4?

While premium processing, the optional feature that allows petitioners to shorten the usual processing time for their petitions to 15 calendar days, can be incredibly helpful for some, it is unfortunately not available to EB-4 applicants. This is due to the fact that premium processing is only available to visas and green cards that make use of either the I-129 or the I-140 petition forms. Because the EB-4 uses the I-360, it is not eligible.

Is premium processing available for EB-4?

Because the EB-4 uses the I-360, it is not eligible. Q.

Want to Apply for an EB4 Visa? Contact Our Employment Immigration Lawyers Today!

Other than close family members and relatives, you can get an immigration visa in the United States if you find an employer that can hire you. The immigration visa can be a permanent work visa if you have adequate skills and experience in your line of work.

EB4 visa?

The initials of the EB4 visa can give you a clue of what it is. EB stands for employment-based while the 4 is for fourth preference. It is a visa that is allocated to special immigrants. The most common EB4 visa is allocated to religious workers. A total of 5,000 religious worker EB4 visas are given every year, which excludes ministers.

How do you get the visa?

Like all visas, a petition for the EB4 visa needs to be filed with the help of an employment immigration attorney Los Angeles. Mostly, the employer is the one who files for the petition by filing a particular form. Several forms can be filed to get a petition; form I-360 is the most common form.

EB4 visa requirements

You must meet several requirements of the law for you to get an EB4 visa. The requirements are different for each category of special immigrant listed earlier. Usually, you will need to hire a lawyer that will help you meet the EB4 requirements in your category. The two main requirements that all EB4 visa applicants need to meet are:

EB4 fees

The fees of an EB4 visa will vary depending on your country’s United States Embassy and the Citizenship and Immigration Services of the United States. The fees are also divided between you and your employer. However, you will pay most of the fees.

Obtaining a permanent resident status

This is the last stage in the process of your application. You can obtain a permanent resident status through two processes, the adjustment of your status or the consular process.

How to apply for the EB-4 visa?

The application process for the EB-4 visa is divided in two parts involving both the US employer and foreign employee or applicant:

What are the requirements for the EB-4 visa?

In order to get the EB-4 visa, there are some requirements which applicants must meet. These eligibility criteria are as follows:

What are the EB-4 visa fees?

There are many fees which both the US employer and the foreign worker must pay for the EB-4 visa. The amounts vary and are decided by USCIS and the US Embassy in the country you are applying from. In general, your employer and you will have to pay the following fees:

Can I bring my family to the US with an EB-4 visa?

Many of the EB-4 special immigrants are allowed to bring their spouse and unmarried children under 21 years old to the US. If you get approved for the EB-4 visa then you can have your spouse and children apply for derivative family visas.

What happens if an employer is not approved for an EB-4 visa?

If not approved, the U.S employer is not allowed to hire a foreign employee and the employee cannot get the EB-4 visa. When the NVC gets the case, they will assign a case number and invoice ID number.

Where is the NVC visa interview?

The visa interview will be held at the U.S Embassy or Consulate you are applying. The questions will be mostly on your background and your reasons for immigrating to the U.S.

How many EB-4 visas are there in a year?

Out of the 140,000 employment based visas available, 7.1% are given to special immigrants as EB-4 visas. This is around 9,940 visas in one year. If this limit is filled for the year, your application will be processed in the next years.

What Is an EB4 Visa?

The EB4 is a special visa designed for a particular category of immigrants. The below list is the type of job you need to hold to qualify for an EB4 visa:

How To Apply for an EB4 Visa

Before applying for an EB4 visa, you should know if you satisfy the requirements to do so. Generally, there are two requirements for people belonging to the above list of categories:

EB4 Visa Fees

The entire application process requires you to pay various fees to various people at different stages. The exact fees will vary from country to country and change from time to time. But generally, you will pay the following fees:

EB4 Visa Processing Time

U.S. immigration visas are capped at 140,000 per year, and the EB4 category is just one of five. Similar to green cards, once the limit has been reached, all remaining visas are processed the following year. Therefore, only 9,940 EB4 visas are processed every year in chronological order. That’s only about 9.1% of the 140,000 available.

Conclusion

To apply for an EB4 visa, you need to have a job offer within the United States, given by a U.S. employer. The application process begins with your employer filing a petition and requires you to qualify under a certain category.

How old do you have to be to get an EB-4?

Some EB-4 classifications allow your spouse and unmarried children under the age of 21 to be admitted to the United States. For more information, please visit our Green Card Eligibility Category page.

Who is eligible for the 4th preference visa?

The following special immigrants are eligible for the fourth preference visa: Religious workers; Special Immigrant Juveniles; Certain broadcasters; Certain retired officers or employees of a G-4 international organization or NATO-6 civilian employees and their family members; Certain employees of the U.S. government who are abroad ...

What is broadcast expertise?

Your broadcasting expertise, including how long you have been performing duties that relate to the prospective position or a statement as to how you have the necessary skills that make you qualified for the broadcasting-related position.

Can I petition for 4th preference?

To petition for an employment-based fourth preference immigrant, your employer must file a Form I-360, Petition for Amerasian, Widow (er), or Special Immigrant. However, there are certain situations where you, the employee, may self-petition on your own behalf.

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