- Religious workers
- Broadcasters
- Iraqi/Afghan translators
- Iraqis who have assisted the United States
- International organization employees
- Physicians
- Members of the Armed Forces
- Panama Canal Zone employees
- Retired NATO-6 employees
- Spouses/children of deceased NATO-6 employees
Aliens who are eligible to apply for immigration under the EB4 green card category generally do not require a labor certification and must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
EB4 Eligibility
Eligible EB4 green card applicants must fall under one of the special immigrant categories listed above. The specific eligibility details for each of these categories are listed below.
Religious Worker: Eligible applicants are those involved in a religious vocation or occupation and meet the following conditions.
- Applicant has been continuously working for the past two years either as a religious minister in a professional or non-professional denomination or is involved in a religious occupation in a professional or non-professional denomination.
- Applicant entered the US with the sole purpose of carrying out religious occupation.
- Applicant has been a member of a bona fide non-profit religious denomination for a minimum of two years prior to filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
Broadcaster: Eligible applicants include reporters, writers, translators, editors, producers, announcers, hosts for news broadcast, and news analysis specialists who meet the following conditions.
- Applicant’s I-360 petition is submitted by the BBG (Broadcasting Board of Governors) and is accompanied with a signed and dated attestation that contains the full job title, description, and a letter describing applicant’s experience in the field.
Afghani/Iraqi Translator: Eligible applicants must be an Afghani or Iraqi national who served the US government as a translator and meet the following conditions.
- Applicant entered the US as a nonimmigrant.
- Applicant has an approved Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant.
- An immigrant visa is immediately available for the applicant when filing Form I-485.
Iraqis who Assisted the US: Eligible applicants include Iraqi nationals who had been employed by the US government in Iraq on or after March 20, 2003 for more than a year. Applicants must meet the following conditions.
- Applicant entered the US as a nonimmigrant.
- Applicant has an approved Form I-360 under section 1244 (as an Iraqi who assisted the US government).
- An immigrant visa is immediately available for the applicant when filing Form I-485.
NOTE
The total number of individuals who may be granted special immigrant status as an Iraqi who assisted the US may not exceed 5,000 per year for five successful years starting with the fiscal year 2008.
Afghan who Assisted the US Government: Eligible applicants must be an Afghani national who assisted in the US government and meets the following conditions.
- Applicant was physically present in the US.
- Applicant was inspected and admitted in the US or paroled into the US.
- Applicant has an approved Form I-360.
- An immigrant visa is immediately available for the applicant when filing Form I-485.
- Applicant is eligible for a waiver of inadmissibility or other form of relief if required.
International Organization Employee: Eligible applicants are an individual or unmarried child/spouse of an individual who is a long-term international organization employee. Examples of international organizations include but are not limited to embassies, consulates, and NATO (North Atlantic Treaty Organization). Applicants must meet the following conditions.
- Applicant is a retired employee of an entitled international organization; or spouse of a deceased employee of an entitled international organization; or unmarried child of a current or former employee of an entitled international organization.
- Applicant filed Form I-360 no later than 6 months after retirement or spouse’s death.
Applicants applying as an unmarried child of a current or former employee of an entitled international organization must apply for the visa or adjustment of status for green card no later than their 25th birthday.
NOTE
USCIS requires additional criteria in order to be eligible to receive a green card as an international organization employee. Be sure to check their official website for further information.
Physician National Interest Waiver (NIW): Eligible applicants are an individual who demonstrates that granting the employment based immigrant visa would be in the national interest of the US. Applicants must meet the following conditions.
- Applicant agrees to work full-time in a clinical practice for a minimum service period of 5 years.
- Applicant agrees to work as a general practitioner, family practice petitioner, general interest pediatrician, gynecologist, psychiatrist, or specialty physician.
- Applicant must serve in any one of the following areas.
- Health Professional Shortage Area (HPSA)
- Mental Health Professional Area (MHPSA)
- Medically Underserved Area (MUA)
- Veterans Affairs Facility
- Physician Scarcity Area (PSA)
Armed Forces Member: Eligible applicants include individuals who served or are serving in the US Armed Forces on active duty and meet the following conditions.
- Applicant must be enrolled in the US Armed Forces outside the US under an agreement that was in effect on October 1, 1991.
- Applicant served for a period of 12 years and if separated, separated under honorable conditions.
- Applicant served for a period of 6 years and is currently on duty and have enrolled for a total service obligation of 12 years.
- Applicant is eligible for entry into the US.
- Applicant has been recommended by the Executive Branch of the Armed Services.
- Applicant is a national of an independent state that has an agreement which allows nationals of that state to enroll in the US Armed Forces.
NATO-6 Nonimmigrant, Retired NATO-6 Employee, or Spouse/Child of NATO-6 Employee: Eligible applicants include individuals who entered the US in NATO-6 (North Atlantic Treaty Organization) nonimmigrant status and meet the following conditions:
- Applicant is a civilian NATO employee; or a retired NATO-6 nonimmigrant; or the unmarried child or spouse of a NATO employee or a retired NATO-6 non immigrant.
- Applicant has an approved Form I-360.
- An immigrant visa is immediately available for the applicant when filing Form I-485.
EB4 Required Documents
The documents required to apply for the employment-based fourth preference green card category typically include the following. However, you may be required to provide additional documentation based on your category.
- Two passport size photographs
- Form G-325A, Biographic Information, if you are between the ages 14 and 79
- Copy of a government issued photo ID
- Copy of birth certificate
- Copy of passport page showing nonimmigrant visa, if applicable
- Copy of passport page showing entry or parole stamp, if applicable
- Form I-94, if applicable
- Form I-693, Report of Medical Examination and Vaccination Record
- Filing fee
- Approval notice for Form I-360
NOTE
You may be exempted from the fee under special circumstances. Check with the official USCIS website for more information on your fee waiver eligibility.
Applying for EB4 Green Card
Applicants may apply for an employment-based fourth preference green card through one of the following ways.
- Consular Processing: This process is for eligible individuals living outside the US. Individuals must file Form I-360. Upon approval it will be forwarded to the Department of State for consular processing.
- Adjustment of Status: This process is for eligible individuals living inside the US. Individuals must file Form I-360, upon approval of which they may have to file Form I-485, Application to Register Permanent Residence or Adjust Status to obtain green card.
For more information on either of these, visit Consular Processing and Adjustment of Status.
