When people think about moving to the United States, the immigrant pathways that might well come to mind are sponsorship by a family member or a traditional employer. However, US immigration law also recognizes individuals whose unique circumstances merit a dedicated path to permanent residency. This pathway is the EB-4 visa, also known as the visa for “Special Immigrants.”
The EB-4 category is one of the most diverse in the US immigration system, covering everyone from religious workers and broadcasters to Special Immigrant Juveniles and Afghan and Iraqi translators who have aided the US government. At Remitly, we believe in providing clear and supportive information for every immigrant’s journey.
This comprehensive EB-4 Visa application guide will help you understand this unique visa, its many categories, the application process, and the requirements you’ll need to meet.
What is the EB-4 visa?
The EB-4 visa is an employment-based immigrant visa, but it functions very differently from other employment categories. It’s reserved for a special class of individuals who qualify due to their unique work, service, or personal circumstances.
Defining the EB-4: a visa for “Special Immigrants”
EB-4 stands for Employment-Based Fourth Preference. Unlike other EB categories that focus on academics, business skills, or labor needs, the EB-4 category carves out a permanent path for a diverse group of people who don’t fit into other classifications.
It’s an immigrant visa, which means an approved EB-4 petition leads directly to a green card, granting Lawful Permanent Resident (LPR) status.
The purpose: recognizing unique contributions and circumstances
The goal of the EB-4 visa is to provide a US immigration pathway for individuals who have served the nation’s interests, are members of specific vocations, or are vulnerable minors in need of protection. It’s the US government’s way of acknowledging these special cases and providing them with a secure future in the United States.
EB-4 visa eligibility: a diverse range of categories
The EB-4 visa eligibility isn’t based on a single set of criteria. It’s broken down into numerous distinct sub-categories, but an applicant must fit into one of these specific classifications to qualify:
Religious workers
This is one of the most common EB-4 categories. It’s for individuals coming to the US to work full-time in a compensated religious vocation or occupation.
To qualify, you must have been a member of a nonprofit religious denomination for at least two years immediately before your application is filed, and you can’t file for yourself—the US nonprofit religious organization must be the one petitioning for you.
This category covers ministers, priests, rabbis, and other professional religious workers like liturgical workers, religious instructors, and counselors.
Special Immigrant Juveniles (SIJ)
This vital humanitarian category is for certain undocumented children and youths in the United States who have been abused, abandoned, or neglected by one or both parents.
To qualify, a juvenile court in the US must take jurisdiction over the child and make specific findings that it’s not in the child’s best interest to be returned to their or their parents’ home country. SIJ classification provides a path to a green card for some of the most vulnerable young people.
Certain broadcasters
This category is for media professionals, including reporters, writers, translators, editors, and producers, coming to work for the US Agency for Global Media (USAGM). Bear in mind that this agency is being
downsized considerably under the administration governing at time of writing, so this may actually be one of the harder categories to qualify for.
Afghan and Iraqi translators and other employees
This classification honors certain Afghan and Iraqi nationals who have worked for, or on behalf of, the US government.
This includes translators and interpreters who have worked directly with the US Armed Forces or under Chief of Mission authority for at least 12 months. It also includes certain Iraqi and Afghan employees who have provided faithful service for a specified period. This category often has special processing considerations due to the risks these individuals face.
Other miscellaneous categories
The EB-4 visa also covers several other specific groups, including certain long-time employees of the US government abroad, Panama Canal Zone employees, and retired employees of G-4 international organizations or NATO-6, among others. Check your eligibility carefully if you think you fall into this category, as each one has its own highly specific set of requirements.
An EB-4 visa application guide: the step-by-step process
The process for the EB-4 category generally follows a three-step path, though some details can vary depending on which specific classification you fall into.
Filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
The process almost always begins with the filing of Form I-360 with US Citizenship and Immigration Services (USCIS). In most cases, the US organization that will employ the individual (e.g., a church or broadcast agency) files the petition.
For some categories, like Special Immigrant Juveniles or Afghan/Iraqi translators, you can petition for yourself. This form, along with extensive supporting documentation, is what establishes eligibility under a specific EB-4 category.
Awaiting visa availability (the priority date)
Once the I-360 petition is approved, USCIS establishes a “priority date” for the case. You must then wait for a visa to become available. While many EB-4 categories are “current” (meaning a visa is immediately available), some categories from certain countries can have backlogs.
Check the monthly Visa Bulletin published by the State Department to see when your priority date is reached, and bear in mind that total numbers are limited each year, so if the quota is already full at the point in the fiscal year when you check, you’ll have to wait until the start of the next fiscal year to apply.
Applying for the green card
Once a visa is available, the final step is to apply for the green card itself. This can be done in one of two ways:
- Adjustment of status
If you’re already legally in the United States, you can file Form I-485 to adjust your status to Lawful Permanent Resident without leaving the country. - Consular processing
If you’re outside the US, your case will be sent to the National Visa Center (NVC) and then to a US embassy or consulate in your home country. You’ll need to complete Form DS-260, attend a medical exam, and go to a visa interview.
Required documentation for an EB-4 petition
The specific EB-4 requirements for documentation very much depend on the category under which you’re applying.
General documents for all applicants
Most petitions will require standard documents such as:
- A completed and signed Form I-360.
- Copies of your passport and birth certificate.
- Any applicable filing fees.
Category-specific evidence
This is the most critical part of the documentation, and where it gets more specific.
For religious workers
You’ll need proof of the US organization’s tax-exempt status, a letter from the organization detailing the job offer and your qualifications, and proof that you’ve been a member of the denomination for at least two years already.
For special immigrant juveniles
The most important documents are the specific orders from the US juvenile court with the required findings about abuse, neglect, or abandonment, and the child’s best interests. This is very much a category that should really be in the hands of a legal professional.
For Afghan/Iraqi translators
You’ll need a positive recommendation from a US general or flag officer or a Chief of Mission, proof of employment, and evidence of any threats you’ve received due to your work with and for the US.
Common challenges and solutions in the EB-4 process
The diverse and specific nature of the EB-4 visa can lead to unique challenges during the application. But if you know what to look out for, you can prepare for the most likely eventualities.
Proving eligibility for a specific category
USCIS scrutinizes the evidence for each category very carefully. For example, a religious worker petition must prove that the job is truly a religious occupation and not just secular administrative work.
Our advice? Provide overwhelming and detailed evidence. Don’t just state that you’re a religious worker; submit detailed job descriptions, calendars, and letters from your superiors that describe the religious nature of your duties.
Some EB-4 categories, particularly for applicants from certain countries, can become backlogged, meaning the wait for an available visa after the I-360 is approved can be years long.
File your I-360 petition as early as possible to establish your priority date. Monitor the Visa Bulletin each month to track your progress and manage your expectations for the final stage of the process, so you don’t get too frustrated by unexpected delays.
The complexity of the Special Immigrant Juvenile (SIJ) process
The SIJ process requires navigating two different legal systems: the state juvenile court and the federal immigration system. As we said, this is one area where professional legal help is almost always essential. An experienced immigration attorney can work with family law attorneys to ensure the State Court orders contain the specific language required by USCIS for SIJ approval.
Visa status, green card, and dependents
The EB-4 visa is an immigrant visa, so it carries the long-term benefit of being a pathway to a permanent stay in the US.
The EB-4 visa leads directly to a green card
Unlike temporary visas, an EB-4 visa allows you to become a Lawful Permanent Resident upon entering the US (or upon approval of your I-485 if you’re adjusting your status from within the country). There’s no “renewal” for the EB-4 visa itself, because it’s a one-time entry document. Instead, the resulting green card is permanent, though it’s typically renewed every 10 years.
In most cases your legal spouse and unmarried children under 21 can be included in the process and receive green cards too. They can be included in your initial petition or can “follow to join” at a later date.
Tips for a successful EB-4 application
Every application is assessed on its own merits, and there are no guarantees. But here’s some stuff to keep in mind, no matter the category you might fall into.
Identify the correct category from the start
The EB-4 visa has many sub-categories. Review the requirements for each one carefully on the USCIS website to ensure you’re applying under the right classification.
Gather extensive, specific evidence
A successful petition is a well-documented one. Work closely with your sponsoring organization or legal representative to gather every possible piece of evidence to support your eligibility.
Seek experienced legal counsel
Given the complexity of many EB-4 categories, working with an immigration attorney who has specific experience with these cases can be invaluable.
Worth the effort
The EB-4 Special Immigrant Visa shows the compassionate side of the US immigration system. It offers a permanent pathway for various individuals, including those serving religious communities, people who have helped the United States military overseas, and vulnerable youths needing protection.
Although the application process is complex and requires strong evidence, it leads to a significant reward: becoming a Lawful Permanent Resident with all the new opportunities life in the US offers. To succeed in this process, identify your specific category, prepare your documents carefully, and seek expert help when necessary. Good luck!
FAQs
What is an EB-4 visa, and who qualifies for it?
An EB-4 visa is an immigrant visa for “Special Immigrants.” It’s not one single group, but a collection of diverse categories, including religious workers, Special Immigrant Juveniles, certain US government employees abroad, and Afghan/Iraqi translators, among others. Each category has its own specific eligibility requirements.
How long does it take to process an EB-4 visa application?
Processing times vary widely. The initial Form I-360 can take a year or more for USCIS to approve. After that, the wait time depends on visa availability in the Visa Bulletin, which can be immediate or can take several years for backlogged categories. The final green card processing adds several more months. So you’re going to have to be patient.
What documents are required for the EB-4 visa?
All applicants need Form I-360 and basic identity documents. However, the most critical documents are specific to the category, such as court orders for SIJ cases, proof of two-year membership for religious workers, or letters of recommendation for translators.
Is the EB-4 visa renewable?
This is a common point of confusion. Because the EB-4 is an immigrant visa, it’s not “renewed.” It’s used once to enter the US and become a Lawful Permanent Resident. The green card (Permanent Resident Card) that you receive as a result of your EB-4 status is what you’ll then renew every 10 years.
Can family members join the EB-4 visa holder in the US?
Yes. For most EB-4 categories, your legal spouse and unmarried children under 21 can also obtain green cards as derivative beneficiaries.