EB4 - Benme Legal

Immigrant Visa EB4

The EB4 visa is an employment-based immigrant visa, categorized as a fourth preference visa, designated for special immigrants. This category includes specific groups such as religious workers and Special Immigrant Juveniles. The EB-4 visa encompasses several subcategories, but the most commonly referred to include the following:

Religious Workers

This term refers to an individual who is engaged and, according to the denomination’s standards, qualified for a religious occupation or vocation, whether or not in a professional capacity, or as a minister.

Special Immigrant Juveniles

This status is granted to non-citizen minors who are victims of abuse, neglect, or abandonment by a parent, and for whom it has been determined that returning to their country of origin is not in their best interest. Requirements include being under 21 years of age, unmarried, residing in the U.S., and having a judicial determination that confirms the minor’s situation.

Skilled Workers

This refers to a foreign national who is capable, at the time of petitioning for this classification, of performing skilled labor (requiring at least two years of training or experience), that is not of a temporary or seasonal nature, and for which qualified workers are not available in the United States. Relevant post-secondary education may be considered as training for the purposes of this provision.

FAQS

Is there an annual limit on the number of EB-4 visas available?

Yes, there is a numerical limit on the number of EB-4 visas that can be issued each fiscal year. This limit is part of the overall cap on employment-based immigrant visas. However, some subgroups within the EB-4 category, such as certain Afghan and Iraqi translators, have specific limits or are exempt from the general cap.

What documentation is required for the EB-4 visa?

The required documentation varies depending on the EB-4 subgroup under which you are applying. Generally, you will need to provide evidence of your specific eligibility for the subcategory (for example, ordination certificates for religious workers), as well as general documents such as a passport, criminal background checks, and proof of employment in the U.S., if applicable.

How long does the EB-4 visa process take?

The processing time for the EB-4 visa can vary significantly depending on the subcategory, the workload at USCIS, and whether the annual visa cap has been reached. It can range from several months to several years.

Information

For more information, please visit the USCIS official page on employment-based immigration for fourth preference EB-4

USCIS EB-4

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