How to Apply for an EB4 Visa - Tips and Guides

The EB-4 immigrant visa program is intended for skilled workers and business owners who want to live and work in the U.S. If you meet these requirements, then the EB-4 immigration program might be a good option for you. The U.S. immigration laws are very specific about what types of visas are available to whom and under what circumstances. That’s why it’s important to know how to apply for an EB-4 visa so that you can take full advantage of the opportunity. Whether you’re a seasoned professional looking to build your career or a recent college graduate desperate for a job, the EB-4 is an excellent way to earn legal status in the U.S. Here’s how to get your foot in the door as an Emerson Business Immigrant Visa holder:

  USA Immigration   Nov 5, 2022   0   1392  Add to Reading List
How to Apply for an EB4 Visa - Tips and Guides

The EB-4 Immigrant visa is a visa that allows foreigners with exceptional ability in specific fields to live and work in the U.S. on a long-term basis. The job you’re able to work is, of course, the most crucial consideration for anyone looking to gain permanent residency through this visa program. The EB-4 immigrant visas are intended for specialists who can demonstrate that they have special training, technical expertise, or experience that is hard to find within the U.S. These skilled workers must first obtain a bachelor’s degree from an accredited college or university, as well as two years of related experience. Before receiving permanent residency, they must pass a skills test and may qualify for an even more difficult-4 labor certification process. If you’re interested in pursuing an EB-4 visa, you should know several ways to do so successfully. This article will outline everything you need to know about applying for an EB-4 visa and where and when to apply.

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What Is an EB-4 Immigrant Visa?

An EB-4 immigrant visa is a type of work visa which allows foreign nationals with extraordinary ability in specific fields to live and work in the United States for a specified period. The specialty must be a highly specialized field that is either required by the U.S. industry or by an associated profession or business. For example, a software engineer who can develop computer software with the latest coding languages would qualify for an EB-4 visa. However, if the engineer’s particular interest is in the field of health informatics, they would only qualify for an EB-3 visa.

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The EB-4 visa is for the category of special immigrants. The group of special immigrants includes the following:

  • Religious workers or Ordained Ministers (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)
  • Broadcasters
  • G-4 International Organization or NATO-6 Employees
  • International Employees of the US Government who are stationed abroad
  • Armed Forces Members
  • Certain Physicians
  • Panama Canal Zone Employees
  • Afghan and Iraqi Translators
  • Afghan and Iraqi Nationals who have provided services to support US operations

These groups of people will get an EB-4 visa if they find a permanent job position in the US according to their area of expertise if they are defined by the occupation (for example, Ministers or Broadcasters).

With an EB-4 visa, they can permanently work and live in the US. They must follow US laws and regulations and pay applicable taxes. They are allowed to travel in and out of the US, and after a certain period, they can also change their job position and move to any state of the US that they want.

Since employment-based visas have an annual limit on the number issued, EB-4 keys also have a limit. Out of the 140,000 work-based visas available, 7.1% are given to special immigrants as EB-4 visas. This is around 9,940 visas in one year. If this limit is filled for the year, your application will be processed in the following years.

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What are the requirements for the EB-4 visa?

To get the EB-4 visa, there are some requirements that applicants must meet. These eligibility criteria are as follows:

  • The applicants must have a valid and permanent job offer from a US employer. The request must not be seasonal or part-time.
  • The applicants must have the job position in their occupation, and job offers from employers outside their field of expertise do not qualify.

Besides the applicants, there are also requirements for US employers. They must prove that they are financially stable to be able to hire a foreign worker. Those who do not meet these criteria will not be eligible to apply for the EB-4 visa or will not be allowed to employ EB-4 visa applicants.

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How to Apply for an EB-4 Visa

The best way to apply for an EB-4 visa is probably through a U.S. employer. This can be an incredibly effective way to screen prospective employees and protect the employer from inappropriate candidates. However, employers can also apply for visas, and there are a few situations where this is acceptable. First, some countries will not issue visas to companies with links to certain countries or regions, including the United States, China, Russia, and India. In such cases, an employer can apply on behalf of their company. The specific requirements for an EB-4 visa vary depending on the specialty and why you’re applying for the visa. Most countries require that you have a bachelor’s degree from an accredited college or university, have at least two years of related experience, speak the language of the field, and pass a national certification exam. However, other countries only require that you have a bachelor’s degree.

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What Is the EB-4 Labor Certification Process?

Once you’ve applied for an EB-4 visa and been approved, the next step is to complete the labor certification process. This involves submitting evidence that you can perform the essential job functions listed on your visa application. You’ll have to provide medical documents to prove this and pass a background check. The labor certification process can take up to three months. If it’s approved, you can apply for a work visa. Once you’ve been hired and started working, you’ll have to pass a criminal background check and drug test before officially being considered an employee. However, in many cases, this approval can be used as pre-conditional approval for the EB-4 visa.

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File Form DS-261, Choice of Address and Agent

The foreign employee or applicant will file Form DS-261 online. The form is the initial visa application; you, as the applicant, can access it by entering your case number. You must fill out all the necessary sections, and after submission, you will get a confirmation page and number.

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Complete medical examination and vaccination

The NVC packet will also find requirements for medical examinations and vaccines you must have before going to the US. You must complete the studies with a licensed doctor and take the vaccines you do not have. The medical documents must be signed by the doctor and attached to your supporting documents.

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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.

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Apply for an EB-3 Visa

If you have a bachelor’s degree or higher and have at least two years of related experience, you can apply for an EB-3 visa. The specific reasons you qualify for an EB-3 visa depend on your job and its associated fields. If you can show that you’re doing well and valuable to your company, the U.S. government will likely issue you an EB-3 visa. This is a very competitive visa, with only a few hundred published yearly. The requirements for an EB-3 visa are lower than those for an EB-4 visa and include a less rigorous labor certification process. Therefore, if you have either or both of these qualifications, you may be able to qualify for an EB-3 visa. There are a few situations in which you may wish to apply for an EB-3 visa but not an EB-4 visa. For example, you may not be able to work the hours allotted for the job on an EB-4 visa or if you find it too difficult to obtain a job offer from your current employer.

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Tips for Obtaining an EB-3 Visa

First and foremost, ensure you are eligible to apply for an EB-3 visa. The basic criteria for this are that you must be employed by a company that uses at least 10 people or has at least $500,000 in annual revenue, and you must have at least two years of experience as a professional in your field. There are a few ways to go about this, including seeking a job offer, volunteering, and becoming self-employed. If you’re unemployed and interested in starting a business, you may also want to consider the EB-3 Entrepreneur visa.

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When to Apply for an EB-3 Visa

If you’ve been approved for an EB-3 visa, the next step is to apply for a work visa. The U.S. Department of Homeland Security has released guidance on when to use this. The general rule is that you can only apply for this visa during the same calendar year that you were granted the EB-3 visa. You can also apply for this visa during “stays of removal” when you have spent most of your time in the U.S. You can look up the docket number for your specific case and see the current status.

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Conclusion

The EB-4 immigrant visa is a visa for specialists who can demonstrate that they have special training, technical expertise, or experience that is hard to find within the U.S. These skilled workers must first obtain a bachelor’s degree from an accredited college or university, as well as two years of related experience. They then must pass a skills test and may qualify for an even more difficult EB-4 labor certification process before receiving permanent residency. If you’re interested in pursuing an EB-4 visa, you should know several ways to do so successfully. This article will outline everything you need to know about applying for an EB-4 visa and where and when to apply.