The EB-4 visa is for immigrants of the following categories:
- Special Immigrant Juveniles (minors who have been through hardship and are seeking permanent residence in the US)
- Broadcasters
- G-4 International Organization or NATO-6 Employees
- International Employees of the US Government who are stationed abroad
- Armed Forces Members
- Certain Physicians
- Panama Canal Zone Employees
- Afghan and Iraqi Translators
- Afghan and Iraqi Nationals who have provided services to support US operations
Since the employment based visas have an annual limit on the number issued, EB-4 visas also have a limit. 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.
EB4 Visa Requirements
The requirements you must meet to qualify for the EB4 visa:
- The applicants must have a valid and permanent job offer from a US employer. The offer must not be seasonal or part-time.
- The applicants must have the job position in their occupation.
Supporting Documents for the EB4 Visa
The documents required for an EB4 visa application are the following:
- Your passport which must be valid for more than 6 months after your intended departure to the US
- Your employment offer from the US employer
- The approved petition
- Your DS-261 confirmation page
- Your signed medical and vaccine documents
- Two photographs meeting the Photo Requirements for US Visa application
- US visa sponsorship letter
- Academic achievements (diplomas and certificates)
- Your CV or resume
- Court and criminal records
- Depending on the case, the NVC might require other supporting documents, so you must follow their instructions carefully.
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:
- The US employer must petition for the foreign employee to the US Citizenship and Immigration Services (USCIS)
- Following approval, the foreign employee must apply for the EB-4 visa at a US Embassy or Consulate in their country of residence
Step 1: Filing the petition
The US employer must get the approval of USCIS in order to be allowed to hire a foreign employee. This is done by filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. The form will have the sections that the employer must fill out and any necessary supporting documents such as tax returns, audit documents, or financial statements.
There are however cases when the foreign employee is allowed to self-petition and they must review the form and contact USCIS in order to determine whether they are allowed to.
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.
When the NVC gets the case, they will assign a case number and invoice ID number. Then they will send a package to the foreign employee in their home country with instructions and forms on the application procedure. When the NVC sends the package to the applicant, then they will start the application at the US Embassy or Consulate in their home country.
Step 2: File Form DS-261, Choice of Address and Agent
The foreign employee or applicant will file Form DS-261 online. The form is the initial visa application and you as the applicant can access it by entering your case number. You must fill out all the necessary sections and after submission, you will get a confirmation page and number.
Step 3: Complete medical examination and vaccination
In the NVC packet you will also find requirements for medical examinations and vaccines you must have before going to the US. You must complete the examinations at a licensed doctor and take the vaccines that you do not have. The medical documents must be signed by the doctor and attached to your supporting documents.
Step 4: Compile the supporting documents file
After the NVC approves your Form DS-261, you must send the supporting documents for your case.
Step 5: Attend the visa interview
NVC will review your supporting documents and if they do not require anything else, they will schedule a visa interview for you. The visa interview will be held at the US Embassy or Consulate you are applying. The questions will be mostly on your background and your reasons for immigrating to the US.
Step 6: Receive the NVC package and travel to the US
The US official conducting the interview will decide whether you get the EB-4 visa. If approved you will get another NVC package but you are not allowed to open it under any circumstances. You must bring it with you when you travel to the US and have an official at any US port of entry open it. The immigration official who gets the package decides whether you are allowed to enter the country or not after they review the documents inside.
What are the EB-4 visa fees?
Your employer and you will have to pay the following fees:
| Fee type | Who pays | Estimated Cost |
|---|---|---|
| DOL Labor Certification (PERM) | Employer | $3,000–$10,000 |
| USCIS Form I-140 | Employer | $700 |
| DS-261 Processing | Employee | $325 |
| Medical Examination | Employee | $200–$500 |
| Supporting Documents | Employee | $100–$500 |
| Translation Fees | Employee | $20–$50 per page |
| Premium Processing (optional) | Employer | $2,500 |
| Total Estimated Cost | $6,845 – $14,575 |
How long is the EB-4 visa processing time?
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.
Many people apply for this visa and that is why you can end up waiting for a very short time such as a few months or one year or for a longer time such as up to four years. It all depends on when you applied and when your priority date becomes current. USCIS and NVC will notify you when you can start your application to be processed.
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.
Once the spouse and children’s visas are approved, the spouse can apply for the Employment Authorization Document (EAD) and start working in the US too.
Other Types of Employment Based Visas
- EB-1 Visa or First Priority Workers Visa is for outstanding professors, researchers, people with extraordinary abilities in arts, science, business, athletics, or education, as well as executive managers who have worked at a foreign branch of a US company for the past 3 years
- EB-2 Visa or Second Priority Workers Visa is for professionals with advanced degrees and people with extraordinary abilities in arts, sciences, or business.
- EB-3 Visa or Third Priority Workers Visa is for skilled workers with more than 2 years of experience, professionals with a higher education degree, or unskilled workers with less than 2 years of experience (EW-3 Visa).
- EB-5 Visa or Fifth Priority Workers Visa is for investors in the US who will invest between $500K to $1 million in the US economy