Advice and Instructions on Filling Out an EB4 Visa Application
The fourth preference category of the EB-4 visa is reserved for those considered special immigrants. This does not require a job offer or labor certification. In this article, we bring you up-to-date information for 2022 about this category.
The EB-4 immigrant visa program is designed for high-skilled workers and business owners who have established themselves in their field and wish to relocate to the United States. If you are able to demonstrate that you satisfy these prerequisites, applying for immigration through the EB-4 program might be something you want to consider. The laws governing immigration into the United States are extremely detailed with regard to the types of visas that can be obtained, as well as under what conditions they can be obtained. Because of this, it is imperative that you are familiar with the process of applying for an EB-4 visa so that you can make the most of the opportunity. It doesn't matter if you're a seasoned professional looking to advance your career or a recent college graduate desperate for work; the EB-4 visa is a fantastic way to acquire legal status in the United States.
The EB-4 Immigrant visa is a type of visa that gives foreign nationals who have demonstrated extraordinary ability in a particular field the opportunity to live and work in the United States on a permanent basis. The ability to find gainful employment is, of course, the single most important factor to take into account for anyone who is interested in acquiring permanent residency by means of this visa program. The Employment-Based Fourth Preference (EB-4) Immigrant Visa is designed for professionals who can provide evidence that they have specialized training, technical expertise, or experience that is difficult to find in the United States.
These skilled workers are required to first earn a bachelor's degree from a college or university that has been granted accreditation, in addition to having two years of experience in a relevant field. They are required to pass a skills test in order to qualify for permanent residency, and if they do, they may be eligible for a labor certification process that is even more challenging than that. If you are considering applying for an EB-4 visa, you should be aware that there are multiple ways to do so in a successful manner. This article will provide an overview of everything you need to know about applying for an EB-4 visa, including where to apply and when, as well as the requirements for doing so.
What Is an EB-4 Immigrant Visa?
An EB-4 immigrant visa is a type of work visa that enables foreign nationals with extraordinary ability in certain fields to live and work in the United States for a period of time that has been predetermined by the government. The specialty must be in a highly specialized field that is required either by the industry in the United States or by a profession or business that is associated with the industry.
For instance, a software engineer who is qualified to create computer software utilizing the most recent coding languages would be eligible for an EB-4 visa. If, on the other hand, the engineer's primary interest lies in the realm of health informatics, then they would only be eligible for an EB-3 visa.
The EB-4 visa is for people who fall into the "special immigrants" category. The following people are included in the category of special immigrants:
- Religious workers or Ministers who have been Ordained (from Dec 8, 2017, applications from other religious workers will not be accepted except for ministers)
- Special Immigrant Juveniles (minors who have been through hardship and are seeking permanent residence in the US)
- G-4 International Organization Employees or NATO-6 Employees Employees of the United States Government who are stationed overseas in an international capacity
- Members of the Armed Forces Certain Medical Professionals
- Employees of the Panama Canal Zone who Speak Afghan and Iraqi and Have Translators
Nationals of Afghanistan and Iraq who have contributed their services to the support of US operations
People who fall into these categories will be eligible for an EB-4 visa if they can demonstrate that they have been offered a permanent position in the United States that corresponds to their particular field of expertise (for example, Ministers or Broadcasters).
They can work and live in the United States permanently if they have an EB-4 visa. They are obligated to comply with US laws and regulations and pay any taxes that are due. They are permitted to travel within the United States as well as into and out of the country, and after a predetermined amount of time, they are also free to switch jobs and relocate to any state in the country of their choosing.
Because of the annual cap placed on the number of employment-based visas, the total number of EB-4 keys available is also subject to a cap. 7.1% of the 140,000 work-based visas that are available are designated as EB-4 visas, which are given to special immigrants. This amounts to approximately 9,940 visas issued in a single year. In the event that this quota is reached before the end of the year, your application will be processed in the years that follow.
What are the prerequisites for applying for an EB-4 visa?
There are certain criteria that applicants must satisfy in order to be eligible for the EB-4 visa. The following are the criteria that must be met to be eligible:
The applicants are required to demonstrate that they have a genuine and permanent job offer from an employer in the United States. The request cannot be for a temporary or part-time position.
The applicants need to have the job position in their occupation, and job offers from employers in areas that are not relevant to their expertise do not count toward qualification.
In addition to the requirements for applicants, there are also requirements for employers in the US. In order to hire a foreign employee, they are required to provide evidence that they have a secure financial position. Those who do not satisfy these requirements will not be eligible to apply for the EB-4 visa, and those who wish to employ EB-4 visa applicants will not be granted permission to do so.
The Application Process for an EB-4 Visa
It is likely that applying for an EB-4 visa through a U.S. employer is the most effective method. It is possible for this to be an extremely efficient method of screening potential employees and protecting the employer from inappropriate applicants. However, employers can also submit visa applications, and there are some instances in which doing so is not only possible but also acceptable. To begin, there are some nations that refuse to issue visas to businesses that have ties to other nations or regions. These nations and regions include the United States of America, China, Russia, and India.
In situations like this, an employer has the ability to submit an application on behalf of their company. The specific requirements for an EB-4 visa change depending on the applicant's field of expertise and the motivation behind their visa request. In the majority of nations, you are required to have a bachelor's degree from a college or university that is accredited, to have at least two years of experience related to the field, to speak the language of the field, and to pass a national certification exam. On the other hand, some countries demand that their citizens hold only a bachelor's degree.
What Exactly Is the Process for Getting an EB-4 Labor Certification?
After you have submitted an application for an EB-4 visa and been given approval for it, the next step is to finish the process of obtaining labor certification. Providing evidence that you are able to carry out the essential job functions that are listed on your visa application is a requirement for this step. In order to demonstrate this, you will be required to present medical documentation and pass a background check.
The process of obtaining a labor certification can take up to three months to complete. You will be able to submit an application for a work visa after it has been approved. After you have been hired and begun working, you will be required to successfully complete a drug test and a check of your criminal history before you can be considered an employee officially. Nevertheless, this approval can frequently be used as a pre-conditional approval for the EB-4 visa if the appropriate circumstances are met.
Perform all necessary medical procedures and get vaccinated.
In the NVC packet, you will also find the requirements for any medical exams or vaccinations that you are required to get before entering the United States. You are required to finish the studies under the supervision of a qualified medical professional and receive any vaccinations that you are missing. The medical documents need to have the doctor's signature on them, and they need to be attached to the supporting documents.
Compile the supporting documents file
After the NVC approves your Form DS-261, you must send the supporting documents for your case. This includes 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 the US Visa application
- 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.
Submit an application for an EB-3 visa.
You are eligible to submit an application for an EB-3 visa if you have a bachelor's degree or higher and at least two years of experience in a relevant field. Your occupation and the fields associated with it will determine the specific reasons why you are qualified for an EB-3 visa. If you are able to demonstrate that you are contributing significantly to the success of your employer, the United States government will most likely grant you an EB-3 visa. This visa is extremely difficult to obtain, and each year only a few hundred are made available.
The requirements for an EB-3 visa are less stringent than those for an EB-4 visa, including the procedure for labor certification. These requirements are less stringent. Therefore, you may be able to qualify for an EB-3 visa if you have either one of these qualifications or both of these qualifications. There are a few instances in which you might want to apply for an EB-3 visa rather than an EB-4 visa. These instances are listed below. For instance, if you are applying for an EB-4 visa and find that it is too difficult to obtain a job offer from your current employer or if you are unable to work the hours that are allotted for the job on an EB-4 visa, you may not be able to work the job.
Advice on How to Apply for an EB-3 Visa
First and foremost, check to see if you meet the requirements to submit an application for an EB-3 visa. You need to have at least two years of experience as a professional in your field, and you need to be employed by a company that employs at least 10 people or has at least $500,000 in annual revenue to qualify for this. These are the fundamental requirements for this.
This can be accomplished in a number of ways, including looking for employment opportunities, engaging in volunteer work, or starting your own business. If you are currently without a job but are interested in beginning your own company, another option to take into consideration is the EB-3 Entrepreneur visa.
When Should an Application for an EB-3 Visa Be Made?
After having your request for an EB-3 visa approved, the next step is to submit an application for a work visa. The United States Department of Homeland Security has issued recommendations on the appropriate times to use this. You are only permitted to submit an application for this visa during the same calendar year that you were approved for the EB-3 visa, as this is the general rule.
If you have spent the majority of your time in the United States, you may also submit an application for this visa during a period known as a "stay of removal." You can view the current status of your particular case by looking up the docket number associated with it.
Immigrants who can demonstrate that they have specialized training, technical expertise, or experience that is difficult to find within the United States may be eligible for the EB-4 visa, which is a visa for specialists. These skilled workers are required to first earn a bachelor's degree from a college or university that has been granted accreditation, in addition to having two years of experience in a relevant field.
After that, they must do well on a test of their skills and hope to be accepted into the even more stringent EB-4 labor certification process before they can receive permanent residency. If you are considering applying for an EB-4 visa, you should be aware that there are multiple ways to do so in a successful manner. This article will provide an overview of everything you need to know about applying for an EB-4 visa, including where to apply and when, as well as the requirements for doing so.