What is the 4th category visa?

What is the 4th Category Visa?

The 4th category visa, commonly known as the EB-4 visa, is a U.S. immigrant visa designed for "special immigrants." This category includes religious workers, broadcasters, certain employees of the U.S. government abroad, and other specific groups. The EB-4 visa allows these individuals to live and work permanently in the United States.

Understanding the EB-4 Visa: Who Qualifies?

The EB-4 visa is part of the employment-based immigration system in the United States, specifically targeting special immigrants. Here are the primary groups eligible for this category:

• Religious Workers: Ministers and non-minister religious workers in a religious vocation or occupation.
• Broadcasters: Employees of the U.S. Agency for Global Media or its grantees.
• International Organization Employees: Certain retired employees of international organizations and their family members.
• U.S. Government Employees Abroad: Certain employees or former employees of the U.S. government abroad.
• Armed Forces Members: Certain members of the U.S. Armed Forces.
• Panama Canal Zone Employees: Employees and retirees of the Panama Canal Company or Canal Zone Government.
• Physicians: Certain foreign national physicians who have been practicing medicine in the U.S. since January 9, 1978.
• Afghan and Iraqi Translators/Interpreters: Individuals who have served as translators or interpreters for the U.S. government.

How to Apply for an EB-4 Visa?

Applying for an EB-4 visa involves several steps, which can vary depending on the applicant’s specific category. Here’s a general outline of the process:

1. Petition Filing: An employer, or in some cases the applicant themselves, must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the U.S. Citizenship and Immigration Services (USCIS).
2. Approval and Priority Date: Once the petition is approved, the applicant will receive a priority date, which determines their place in line for a visa number.
3. Visa Number Availability: The U.S. Department of State allocates visa numbers based on the applicant’s priority date and the annual cap for each category.
4. Adjustment of Status or Consular Processing: If the applicant is in the U.S., they can apply to adjust their status to a permanent resident. If outside the U.S., they must go through consular processing at a U.S. embassy or consulate.

Benefits of the EB-4 Visa

The EB-4 visa offers several advantages for eligible applicants:

• Permanent Residency: Allows recipients to live and work in the U.S. permanently.
• Family Inclusion: Spouses and unmarried children under 21 can also obtain green cards.
• Path to Citizenship: Provides a pathway to U.S. citizenship after meeting residency requirements.

Challenges and Considerations

While the EB-4 visa provides a valuable opportunity, applicants should be aware of potential challenges:

• Visa Caps: The number of EB-4 visas is capped annually, which can lead to significant waiting periods.
• Documentation Requirements: Applicants must provide extensive documentation to prove eligibility, which can be complex and time-consuming.
• Category-Specific Rules: Each subcategory under the EB-4 visa has unique eligibility criteria and requirements.

Practical Examples of EB-4 Visa Use

Consider a religious worker from India who wishes to continue their vocation in the U.S. They can apply for the EB-4 visa under the religious worker category, allowing them to serve their community while living in the U.S. permanently. Similarly, an Afghan translator who assisted U.S. forces can apply for the EB-4 visa, providing a safe haven and new opportunities in the United States.

People Also Ask

What is the processing time for an EB-4 visa?

The processing time for an EB-4 visa varies based on the applicant’s category and country of origin. Generally, it can take several months to a few years, depending on visa availability and the complexity of the case.

Can an EB-4 visa holder apply for U.S. citizenship?

Yes, an EB-4 visa holder can apply for U.S. citizenship after becoming a lawful permanent resident and meeting the residency requirements, typically five years.

Are there any annual limits on EB-4 visas?

Yes, there is an annual cap on EB-4 visas, which can result in waiting periods for applicants from countries with high demand.

What documents are needed for an EB-4 visa application?

Applicants need to submit Form I-360 along with supporting documents such as proof of employment, eligibility, and identity. Specific documents vary by category.

Can family members accompany an EB-4 visa holder?

Yes, spouses and unmarried children under 21 can accompany the EB-4 visa holder and apply for green cards as dependents.

Conclusion

The EB-4 visa offers a unique opportunity for special immigrants to gain permanent residency in the United States. By understanding the eligibility criteria and application process, applicants can navigate the complexities of this visa category effectively. For further guidance, consulting with an immigration attorney or expert is recommended to ensure a smooth application process.