Want to Apply for an EB4 Visa? Contact Our Employment Immigration Lawyers Today!

Other than close family members and relatives, you can get an immigration visa in the United States if you find an employer that can hire you. The immigration visa can be a permanent work visa if you have adequate skills and experience in your line of work.

A total of 140,000 Employment Sponsored visas are given to aliens every year. When all the 140,000 visas have been allocated, other applicants will have to wait for their application to be processed in the following year. Due to this, the processing time of many employment visas in the United States usually takes a long time.

There are five different employment visas allocated; EB1, EB2, EB3, EB4, and EB5. Different numbers of each of the five visas are allocated each year to make up the total number, which is 140,000. Additionally, immigration laws state who is eligible for each type of employment-based visa. The qualifications of each of the mentioned employment-based visas also differ. However, one thing remains constant, no matter the type of employment visa you are applying for, you may need to hire a local lawyer.

EB4 visa?

The initials of the EB4 visa can give you a clue of what it is. EB stands for employment-based while the 4 is for fourth preference. It is a visa that is allocated to special immigrants. The most common EB4 visa is allocated to religious workers. A total of 5,000 religious worker EB4 visas are given every year, which excludes ministers.

Other special immigrants that can receive an EB4 visa are:

• Broadcasters.
• Iraqis who have helped the United States.
• Physicians.
• An international organization employee.
• An Afghan or Iraqi translator.
• A Panama Canal Zone employee.
• Employees of NATO-6 who are retired.
• Children and spouses of deceased employees of NATO-6.
• An armed forces member.

Depending on the classification of your EB4, some beneficiaries may also join you in the United States. With the help of an employment lawyer, your spouse and any children under the age of 21 that are not married, may join you in the country.

How do you get the visa?

Like all visas, a petition for the EB4 visa needs to be filed with the help of an employment immigration attorney Los Angeles. Mostly, the employer is the one who files for the petition by filing a particular form. Several forms can be filed to get a petition; form I-360 is the most common form. However, other forms such as the special immigrant’s form, Petition for Amerasian, and widow or widower form can also be filed.

Alternatively, you can file for the petition yourself. You will need an attorney to guide you during the process of self-petition. They can determine if you qualify to file your own petition and also help you gather the evidence you need to support your case.

EB4 visa requirements.

You must meet several requirements of the law for you to get an EB4 visa. The requirements are different for each category of special immigrant listed earlier. Usually, you will need to hire a lawyer that will help you meet the EB4 requirements in your category. The two main requirements that all EB4 visa applicants need to meet are:

1. Your employment offer in the United States must be permanent, not part-time or seasonal.
2. The employment offer must only be of your specified occupation.

You will need legal immigration help to gather supporting documents. Some of the supporting documents all categories of EB4 visa applicants need to have are:

1. Any criminal or court records you may have.
2. An employment offer from your employer in the United States.
3. A confirmation page of the DS-261.
4. Any academic certificates you may have such as diplomas or bachelor degrees.
5. A copy or an original of your resume.
6. Signed documents of your medical and vaccination history.
7. An approved petition.

Furthermore, you need to maintain the validity of your passport for at least six months after you leave for the United States. More documents may also be necessary to the National Visa Center depending on your case.

EB4 fees.

The fees of an EB4 visa will vary depending on your country’s United States Embassy and the Citizenship and Immigration Services of the United States. The fees are also divided between you and your employer. However, you will pay most of the fees.

Your employer will pay the filing fee of the I-360 petition form while you pay the following fees:

1. Fees for your medical examination.
2. Processing fees of the DS-261 form.
3. Translation fees if you cannot speak English.
4. Fees for gathering the supporting documents you need.
5. Adjustment of status fees. These fees are only applicable if you already live in the United States as a non-immigrant.
6. Work visas attorneys fees.

Obtaining a permanent resident status.

This is the last stage in the process of your application. You can obtain a permanent resident status through two processes, the adjustment of your status or the consular process.

The consular process is the only option you have to get permanent resident status if you are not in the United States. If you already reside in the United States as a non-immigrant, you will have to obtain the resident status through adjustment of status.

The consular process will involve visiting the United States Consulate in your country for an EB4 visa interview. The interview will mostly involve understanding your reasons for wanting to live in the United States and your background.

The adjustment of status process involves changing your status from non-immigrant to immigrant, since you are already in the United States. You will need to have legal immigration help to make sure the adjustment process is successful. To do this, you need to file the form I-485 and wait for six months. This option will also include fees for the adjustment, which usually range from $750 to $1,225. If the process is a success, your green card will be sent to your mail in a few weeks. Contact our immigration lawyer in Los Angeles today!