EB-4 Visa: Pathway to U.S. Permanent Residency for Special Immigrants

• Confirm that you qualify as a special immigrant under one of the EB-4 categories.
• Gather the necessary evidence to prove your eligibility based on the specific requirements of your subcategory (e.g., religious employment documentation, juvenile court orders, or proof of service).

• Who Files:
  • In most cases, the applicant (self-petitioning) files Form I-360. Religious workers may have their employer file on their behalf.
• What to Include:
  • Supporting documentation proving eligibility for the EB-4 category.
  • For religious workers:
    • Proof of nonprofit status of the religious organization.
    • Evidence of prior religious work experience (minimum 2 years).
  • For SIJs:
    • Court orders proving dependency or guardianship.
  • For interpreters/translators:
    • Proof of service with the U.S. military or mission.
• Processing Time:
  • Varies by category, but typically ranges from 6–12 months.

• The priority date is the date the Form I-360 is filed with USCIS.
• Monitor the Visa Bulletin to determine when your priority date becomes current.
  • EB-4 visas are subject to numerical limits, and wait times can vary based on the applicant’s country of origin and subcategory.

Once your Form I-360 is approved and your priority date is current, proceed to the green card application stage:

A. Adjustment of Status (Form I-485)

• If you are in the U.S. on a valid visa, you can file Form I-485, Application to Adjust Status.
• Required Documents:
  • Proof of I-360 approval.
  • Medical examination results (Form I-693).
  • Evidence of lawful entry into the U.S.
• Processing Time: 8–14 months.

B. Consular Processing

• If you are outside the U.S., file for consular processing through the National Visa Center (NVC).
• Attend a visa interview at the U.S. consulate or embassy in your home country.
• Provide documentation, including:
  • Proof of I-360 approval.
  • Passport.
  • Evidence supporting your EB-4 eligibility.
• If approved, you’ll receive an immigrant visa to enter the U.S. as a permanent resident.

• Religious Workers:
  • Non-Ministers: Must apply before the program’s sunset date (check current deadlines).
  • Site Visits: USCIS may conduct a site visit to verify the religious organization’s legitimacy.
• Special Immigrant Juveniles:
  • Once Form I-360 is approved, SIJs cannot sponsor family members for green cards.
  • SIJs are exempt from the public charge rule.
• Iraqi and Afghan Interpreters:
  • Applications are processed on an expedited basis due to the critical nature of their service.
• Broadcasters and Other Categories:
  • Documentation varies widely; consult USCIS guidelines or legal counsel for specific requirements.

• Upon approval of the adjustment of status or consular processing, the applicant becomes a lawful permanent resident and receives a green card.