EB-4 Visa Overview and Recent Changes

Understanding the EB-4 Visa: Pathway for Special Immigrants

The Employment-Based Fourth Preference (EB-4) visa serves as a crucial avenue for “special immigrants” to attain permanent residency in the United States. This category addresses unique immigration needs not encompassed by traditional employment or family-based visas.

Eligibility Criteria for EB-4 Visa

The EB-4 visa encompasses various specialized groups, each with distinct eligibility requirements:

• Religious Workers: Individuals must have been members of a religious denomination for at least two years and intend to work in a full-time, compensated position within that denomination in the U.S. This includes ministers and non-ministers in religious vocations and occupations.

• Special Immigrant Juveniles: Minors present in the U.S. who have been declared dependent by a juvenile court due to abuse, neglect, or abandonment.

• Certain Broadcasters: Employees of the U.S. Agency for Global Media or its grantees entering the U.S. to perform broadcasting services.

• Retired Officers or Employees of G-4 International Organizations or NATO-6 Civilian Employees: Including their immediate family members, these are individuals who have retired from certain international organizations or NATO.

• Afghan and Iraqi Translators: Individuals who provided faithful and valuable service to the U.S. government as translators or interpreters.

• Afghans and Iraqis Who Assisted U.S. Operations: Those who were employed by or on behalf of the U.S. government in Afghanistan or Iraq.

• Retired Panama Canal Company or Canal Zone Government Employees: Specific former employees who meet certain criteria.

• Certain Physicians: Doctors who were licensed and practicing medicine in the U.S. as of January 9, 1978.

Importance of the EB-4 Visa

The EB-4 visa plays a pivotal role in U.S. immigration policy by:

• Supporting National Interests: Facilitating the immigration of individuals who have provided significant assistance to U.S. missions abroad.

• Promoting Humanitarian Efforts: Offering a pathway to permanent residency for vulnerable groups, such as abused or neglected minors and those who risked their lives supporting U.S. forces.

• Enhancing Cultural and Religious Diversity: Allowing religious workers and broadcasters to contribute to the rich tapestry of American society.

Application Process

The application process for the EB-4 visa involves several key steps:

1. Petition Filing: Depending on the specific subcategory, either the applicant or an employer/sponsor must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

2. Approval and Visa Availability: Upon approval of the I-360 petition, applicants must wait for a visa number to become available, as determined by the Visa Bulletin issued by the Department of State.

3. Consular Processing or Adjustment of Status:

   • Consular Processing: Applicants outside the U.S. undergo consular processing at a U.S. embassy or consulate in their home country.

   • Adjustment of Status: Applicants already in the U.S. may apply to adjust their status to permanent resident by filing Form I-485.

4. Medical Examination and Supporting Documents: All applicants must undergo a medical examination and submit required civil documents, such as birth and marriage certificates.

5. Interview: A consular officer or USCIS officer will conduct an interview to verify eligibility and assess the authenticity of the application.

Annual Limits and Recent Developments

The Immigration and Nationality Act (INA) limits the number of EB-4 visas issued annually to 7.1% of the worldwide employment-based visas. For Fiscal Year (FY) 2025, this equates to approximately 9,940 visas across all EB-4 subcategories. Notably, the annual limit for EB-4 visas for FY 2025 was reached earlier than in previous years, with the Department of State announcing that no additional EB-4 visas would be issued until the new fiscal year begins on October 1, 2025.

This early exhaustion of visa numbers has significant implications:

• Backlogs and Waiting Periods: Applicants may experience longer waiting periods before they can proceed with their immigration process.

• Impact on Religious Organizations: Some religious organizations have expressed concerns over the delays in bringing essential religious workers to the U.S., which could affect their operations. For instance, a Catholic diocese in New Jersey filed a lawsuit against the U.S. government over changes to visa procedures for religious workers, highlighting the challenges faced due to policy shifts and backlogs.

Recommendations for Prospective Applicants

Given the current situation, prospective EB-4 applicants should consider the following:

• Stay Informed: Regularly check updates from the Department of State and USCIS regarding visa availability and policy changes.

• Consult Immigration Experts: Engage with experienced immigration attorneys to explore alternative visa options or strategies to mitigate delays.

• Prepare Thoroughly: Ensure all application materials are complete and accurate to avoid unnecessary delays during processing.