Special Immigrants EB-4 receive 7.1 percent of the yearly worldwide limit. All such applicants must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government who must use Form DS-1884. Certain spouses and children may accompany or follow-to-join the principal special immigrant. Different types of special immigrants provided for under immigrant law are listed below:
Broadcaster in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization;
Minister of Religion;
Certain Employees or Former Employees of the U.S. Government Abroad;
Employee of the Mission in Hong Kong;
Certain Former Employees of the Panama Canal Company or Canal Zone Government;
Certain Former Employees of the U.S. Government in the Panama Canal Zone;
Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1, 1979;
Interpreters and translators of Iraqi or Afghani nationality who have worked directly with the United States armed forces as a translator for a period of 12 months. This classification has an annual numeric limitation of fifty visas.
Certain Foreign Medical Graduates (Adjustments Only);
Certain Retired International Organization employees;
Certain Spouses of a deceased International Organization Employee;
Juvenile Court Dependent (no family member derivatives);
Alien Recruited Outside of the United States Who Has Served or is Enlisted to Serve in the U.S. Armed Forces;
Certain retired NATO-6 civilians;
Certain surviving spouses of deceased NATO-6 civilian employees;
Alien beneficiary of a petition or labor certification application filed prior to Sept. 11, 2001, if the petition or application was rendered void due to a terrorist act of Sept. 11, 2001; and
Certain Religious Workers.
How We Serve Our Clients
Although this visa category includes the vast array of special immigrants, we utilize it most frequently for religious workers. To that end, our dynamic and knowledgeable attorneys will consult with you to determine that the nature of the offered position and the foreign candidate's education and professional experience to determine their qualification for this immigrant visa. We will also recommend possible alternative strategies if the foreign beneficiary's experience renders them ineligible for this visa category. Our attorneys work closely with both the employer and beneficiary to ensure that the required documents are rendered and all legal issues addressed. We relieve human resources personnel of the burdensome paperwork requirements by preparing all required forms and supporting documents for submission to the appropriate government departments and agencies. When required, we also prepare and file applications for dependent family members to ensure a smooth transition to the United States for the beneficiary and dependent family members. Our staff is easily accessible by both the employer and foreign beneficiary to answer questions as they arise.
Application Procedures
You or your employer must submit USCIS Form I-360 (Petition for Amerasian, Widow(er), or Special immigrant). The application must be filed at the USCIS Regional Service Center that serves the area where you will work. You must also submit:
Proof that the religious organization qualifies as a non-profit organization;
A letter from an official of the religious organization in the United States: The letter should establish that you have been a member of the denomination for two years, and that you have at least two years of experience in your religious vocation or occupation. If you are a minister, the letter should establish that you have been authorized to perform religious duties in general and should specify which duties you are authorized to perform. If you are a religious professional, the letter should establish that you have a United States baccalaureate degree or the foreign equivalent that is required for your religious profession. You must also submit an official academic record.
If you are applying to work in the United States in another religious vocation or occupation, the letter should establish that you are qualified to work in that religious vocation or occupation. For instance, if you are applying to work as a nun or a monk, you would need to provide evidence that you are a nun or a monk.
If you are applying to work in the United States in a non-ministerial or non-professional capacity for a religious organization affiliated with a religious denomination, the letter should establish how the religious organization is affiliated with the denomination.
The letter should also detail how you will be carrying on the work of a minister, or how you will be paid if you are working in a professional or other religious capacity. The letter should indicate that you will not be dependent upon supplementary income (from a second job) or charity (funds solicited for your support).
