EB4 Visa | Employment-Based Immigration

What is an EB4 Visa

The EB-4 visa is an employment-based fourth-preference visa category designed to allow certain special immigrants, including religious workers, to live and work permanently in the United States. It provides an excellent opportunity for religious workers, as well as other specific employment-based categories such as translators, employees of international organizations, and retired U.S. government employees abroad, to become lawful permanent residents. In this article, we’ll focus primarily on religious workers, the most common category under the EB-4 visa.

EB-4 Visa for Religious Workers

The Religious Worker subcategory under the EB-4 visa is intended for individuals who work for non-profit religious organizations in a professional capacity. These positions include ministers, religious instructors, and others who play essential roles in religious activities within recognized religious denominations. This visa is highly beneficial for those who have served their faith communities and are now seeking a pathway to permanent residency in the U.S.

EB4 Visa Requirements

To qualify for an EB-4 visa as a religious worker, several specific requirements must be met:

1. Job Offer from a U.S. Employer

The applicant must have a job offer from a U.S.-based religious organization. The organization must be a non-profit religious entity or a recognized affiliate of a religious denomination.

2. Full-Time Employment

The job must be a full-time religious occupation, typically defined as working at least 35 hours per week.

3. Experience Requirement

The applicant must have been a member of the religious denomination for at least two years before filing the visa petition and have experience in a religious occupation or vocation in that denomination during the same time.

4. Religious Vocation or Occupation

The role must either be in a religious vocation (a calling to religious life, such as monks or nuns) or in a religious occupation (such as a minister, religious teacher, or cleric).

5. Organizational Qualifications

The religious organization must be able to demonstrate that it can provide compensation or that the worker will be supported, ensuring that they will not become a public charge.

6. Good Moral Standing

Applicants must demonstrate good moral standing and adherence to U.S. immigration laws. Any violations of past visa conditions may result in ineligibility.

EB4 Visa Process

The EB-4 visa process is multi-staged, requiring both the employer and applicant to complete several steps:

1. Filing Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)

• The first step in the EB-4 process is filing Form I-360 with U.S. Citizenship and Immigration Services (USCIS). This form is submitted by the U.S. employer (a religious organization) to sponsor the worker as a special immigrant religious worker.
• Supporting documentation such as proof of the organization’s non-profit status, religious denomination membership, and evidence of the worker’s qualifications must be included.

2. Labor Certification (Not Required)

• Unlike many employment-based visas, the labor certification process is not required for EB-4 religious workers. This exemption streamlines the application process, as the organization does not need to demonstrate a lack of available U.S. workers for the position.

3. USCIS Approval of Form I-360

• Once USCIS approves the I-360 petition, the applicant can move on to the next step, depending on their current residency status:
  • If the applicant is already in the U.S. on a different visa, they can apply for Adjustment of Status by filing Form I-485 to become a lawful permanent resident.
  • If the applicant is outside the U.S., they will go through Consular Processing at a U.S. embassy or consulate in their home country.

4. Interview and Background Check

• The applicant will be required to attend an interview, either in the U.S. (if adjusting status) or abroad (if consular processing), where they will undergo a background check and provide additional information regarding their employment and qualifications.

5. Visa Issuance or Green Card Approval

• Once the interview is complete, the visa (if applying abroad) or green card (if applying from within the U.S.) will be issued, allowing the religious worker to live and work permanently in the United States.

EB4 Visa Processing Time

The EB-4 visa processing time can vary depending on several factors, including the applicant’s country of origin, visa demand, and USCIS processing backlogs. Below is an overview of the key timelines:

Form I-360 Processing

USCIS typically takes around 8 to 14 months to process Form I-360, though this can vary based on the service center and the complexity of the case.

Adjustment of Status or Consular Processing

If applying for adjustment of status (Form I-485), the processing time can range from 6 to 12 months.

For applicants undergoing consular processing, the timeline will vary based on the U.S. embassy or consulate, generally adding another 6 months to the overall process.

Visa Availability

The EB-4 category is generally not subject to the lengthy waiting periods seen in other employment-based visas (like EB-2 and EB-3). However, for certain countries with high demand (such as Mexico and the Philippines), there may be slight delays due to annual per-country visa caps.

How an Immigration Lawyer Can Help You with the EB4 Visa Process

Navigating the EB-4 visa process can be complex, with various forms, deadlines, and documentation requirements. An experienced immigration lawyer can play a critical role in ensuring a smooth process by:

1. Assessing Eligibility: Immigration lawyers will evaluate whether both the applicant and the religious organization meet the qualifications for an EB-4 visa, preventing unnecessary delays or denials due to ineligibility.

2. Handling Documentation: An attorney can assist with gathering and preparing the necessary documentation, including proof of religious experience, organizational qualifications, and evidence of membership in the religious denomination.

3. Filing Form I-360: Properly filing Form I-360 is crucial to the success of the EB-4 application. Lawyers ensure the form is filled out accurately and submitted with all supporting documents.

4. Navigating the Consular Process: For applicants outside the U.S., lawyers can guide them through consular processing, ensuring they are well-prepared for the interview and background checks.

5. Handling Requests for Evidence (RFE): If USCIS requests additional evidence or issues a denial, an immigration lawyer can respond to RFEs or file appeals, improving the likelihood of approval.

6. Speeding Up the Process: By avoiding common mistakes and providing expert guidance, an attorney can help prevent unnecessary delays, ensuring the EB-4 visa process moves as quickly as possible.