EB-4 Visa

For a foreigner coming to the United States, the first step to entering the country is obtaining a visa. A visa is a type of permission from the U.S. government to be allowed to come here. Visas can be nonimmigrant (that is, for visitors) or immigrant (for people moving permanently to the U.S. – often, “green card” holders).

There are more than 30 types of visas available. It is important to select the one that most closely matches the purpose of the visitor’s planned trip.

What is the EB-4 Classification?

One of the possible visa classifications is called the EB-4 Classification. This employment-based immigrant classification is reserved for “special immigrant workers.” It allows the worker to come to the U.S. permanently, just like a green card.

The following groups of people can work on the EB-4 classification:

• 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, and their family members
• Members of the U.S. armed forces
• Panama Canal company or Canal Zone government employees
• Certain physicians licensed and practicing medicine in the U.S.
• Afghan and Iraqi translators or interpreters
• Iraqis who were employed by or on behalf of the U.S. government
  Afghans who were employed by the U.S. government or International Security Assistance Force (ISAF)

In order to qualify for the EB-4 visa, there are some requirements about the job:

• The job being filled must be for a permanent, full-time job, not something that is seasonal or part-time
• The job must be in the applicant’s particular occupation. Employment offers from employers outside their field of expertise do not qualify.
• The U.S. employer must prove that they are financially stable enough to be able to hire a foreign worker.

EB-4 Religious Workers

One of the most common uses of the EB-4 visa category is to allow religious workers to come to the United States.

To qualify, the foreigner must be a member of a religious denomination that has a non-profit organization in the U.S. The alien must have been a member of the denomination for at least two years before applying for admission and must have been performing this religious work for at least the past two years.

The alien must be coming to the U.S. to work:

• As a minister or priest, or
• In a professional capacity (with a U.S. bachelor’s degree or its foreign equivalent) for the religious organization, or
• In a religious vocation (i.e. a calling, taking vows) or occupation (i.e. activities devoted to traditional religious functions) for the organization. Missionaries and religious instructors fall in this category.

How Do I Apply for EB-4 Classification?

E-category visas are unusual because both the employee and the employer can apply. Either you or your employer will petition the U.S. Citizenship and Immigration Services (USCIS) office in the area where you will be working. In addition to the application form, you must also include financial evidence that the religious organization is a non-profit and that it makes enough money to be able to afford to pay your salary on an ongoing basis.

Another document to be filed is a letter from an official of the religious organization. The letter must spell out in detail the duties of the job and your qualifications for the job and for the visa category.

The letter must explain and demonstrate at length:

• The duties of the position
• The wages you are expected to receive
• Evidence that you have been a member of the denomination for 2 years
• Evidence that you have at least two years of experience in your vocation or occupation
• If you are a minister, it should show that you have been authorized to perform religious duties in general and what specific duties you are authorized to perform
• If you are a religious professional, it should state that you have a U.S. bachelor’s degree (or a foreign equivalent).
• You should also include a copy of a transcript and/or diploma indicating that your major was in a religious field
• If you plan to work in a non-ministerial or non-professional capacity for a religious organization, the letter from the official should demonstrate how the organization is affiliated with the religious denomination

E-Category Visas And Priority Dates

The employment permanent visas are denoted with the letter E and there are five types, including the EB-4 category:

• EB-1 (First Priority Workers) Professors, researchers, executive managers of a foreign branch of a U.S. company, and people with “extraordinary abilities” in the arts, science, business, athletics or education
• EB-2 (Second Priority Workers) Professionals with advanced degrees (master’s or PhD)
• EB-3 (Third Priority Workers) Skilled workers with more than 2 years’ experience, professional’s with a bachelor’s degree
• EB-4 (Fourth Priority Workers), discussed here
• EB-5 (Fifth Priority Workers) People who invest in U.S. companies and create jobs

E-category visas are subject to a cap of 140,000 visas per year. Out of the 140,000 employment based visas available, 7.1% are given to special immigrants as EB-4 visas. This is approximately 9,940 E-4 visas per year. If this limit is filled for the year, your application will be processed in the next year.

The visas are awarded based on the applicant’s “priority date.” Your priority date is the day that the USCIS receives your EB-4 petition. You will need to compare this date to the “final action dates” given in the visa bulletin released by the Department of State each month. When your priority date meets the EB-4 final action date for your country, your date will become “current,” meaning that an immigrant visa number is available and you can move on to the next step.

The priority dates are not the same for everyone. Besides the fact that there is an annual limit on each type of E-category visa, that number is spread across several countries and each country gets only a limited amount. If too many people from one country apply for the same visa, a backlog develops. Applicants from heavily populated countries such as China and India tend to have longer priority date waiting times than other

What is a “Religious Worker” Visa?

EB-4 visas are permanent residence visas, conveying the same rights as a green card does. To qualify for the category, the job must be for a permanent full-time position. If the job is temporary or part-time, there is another similar class of visa: the Religious Worker Visa, or R-1 Visa.

This visa allows certain workers who belong to religious organizations to enter temporarily in the U.S. It is basically a type of an employment visa, as the applicant must perform work in their religious field upon entering the U.S. immigration laws often change each year regarding the availability of R-1 Visas.

Do I Need an Experienced Immigration Law Attorney?

Obtaining a visa is complex and requires knowledge of exactly what is required to be successful. An immigration lawyer may be able to help you apply for an EB-4 visa, and will also advise you if there are other visas that might be better for you.

The lawyer can also write the detailed letter that must support an EB-4 application. Your lawyer would also be able to guide you through any other immigration issues you may encounter.