BUSINESS IMMIGRATION
Employment Based 4th Preference Immigrant Visa
The EB4 Visa or Fourth Priority Work Visa is an employment-based visa for “special immigrants.” A person may apply for lawful permanent resident (LPR) status in the EB4 category if he/she meets the requirements for status as a special immigrant. The EB4 category is cap-subject, meaning that there are only a limited number of visas in the EB4 category available for allotment each fiscal year.
The EB4 category is generally intended for members of non-profit religious denominations in the U.S., however, the category is also reserved for a broad group of special immigrants that most commonly include:
- Religious Workers
- Iraqis who have assisted the U.S., International Employees of the U.S. Government Abroad
- Broadcasters, Iraqi / Afghan Translators
- Physicians
- Armed Forces Members
- Panama Canal Zone Employees
- G-4 International Organization or NATO-6 Employees and Their Family Members
- Special Immigrant Juveniles
CONTACT POTRA LAW FIRM IF YOU’RE SEEKING BUSINESS IMMIGRATION
EB-4 Visa Requirements
Because the EB4 category incorporates different categories of special immigrants, the specific requirements may differ. The requirements common to all categories, however, are:
- Immigrant visa petition is filed on Form I-360 with all supporting documentation; and,
- the employer must file a petition on behalf of the employee showing they qualify under one of the special immigrant categories unless the circumstances allow the employee to self-petition.
EB-4 Processing Times
It is important to understand what an applicant’s EB4 priority date is and what it means. A priority date is the date that USCIS receives the EB4 Petition. This date then needs to be compared to the “final action date” given in the visa bulletin which is released by the Department of State each month. These “final action dates” are different for each person depending on the applicant’s country of birth. When the priority date matches the final action date for the EB4 applicant’s country, said EB4 visa is now “current,” meaning that an immigrant visa number is available, and the applicant may move forward to the next step.
Frequently Asked Questions
How do I get my Green Card after my EB4 Visa has become current?
To change your status to an LPR, you must either Consular Process or file for Adjustment of Status. Consular Processing involves traveling to a designated U.S. Consulate or Embassy in your home country and taking part in an interview with a consular officer. If approved, you will be able to enter the U.S. as a LPR. If you are currently outside the U.S. and not under any nonimmigrant status, this is the only option. Adjustment of Status is available to those that are already in the U.S. under a nonimmigrant status. It involves filing an I-485 application to adjust status with USCIS to have your nonimmigrant status adjusted to immigrant status.
Can I bring my family to the U.S. with an EB4 Visa?
Many of the EB4 special immigrants are allowed to bring their spouse and unmarried children who are under the age of 21 to the U.S. If the applicant receives an approved EB4 Visa, the spouse and minor children may then apply for derivative family visas.
What are the advantages of an EB4?
An advantage of the EB4 over other EB petitions is that because a labor certification is not needed, the process for obtaining EB4 status is much faster than other EB green card petitions.
Let one of our Atlanta immigration attorneys evaluate your case today.
If you’re seeking lawful permanent residence and think you may qualify for an EB 4 visa C, contact our business immigration lawyers of Potra Law Firm in Atlanta and we will be happy to discuss your options with you.
