Eb4

EB-4, or Employment-Based Fourth Preference, is a category within U.S. immigration law that provides permanent resident status to certain foreign nationals designated as “special immigrants.” It is one of the employment-based immigrant visa categories and serves to accommodate immigrants who fall outside the more common EB-1, EB-2, and EB-3 lines. Visa availability under EB-4 is subject to annual limits and country caps, and wait times vary by category and country of birth.

Qualifying subcategories

The EB-4 category covers several groups identified by statute as special immigrants. The most commonly used subcategories include:

- Religious workers: ministers and other religious workers who have a qualifying job offer from a U.S. religious organization and meet related eligibility requirements.

- Employees of international organizations and family members: foreign nationals employed by international organizations, and their spouses and unmarried children.

- Iraqi and Afghan special immigrants: nationals who worked for or on behalf of the U.S. government (or related U.S. entities) in Iraq or Afghanistan, and certain related family members.

- Other special immigrants: additional classes defined by law for certain individuals connected to U.S. government or international programs, and other designated categories.

Application process

Petitions for EB-4 are typically filed using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. If the petition is approved and a visa number is available, the applicant may apply for adjustment of status (Form I-485) if already in the United States, or pursue consular processing if abroad. Processing times and the pace of visa availability depend on the subcategory, country of chargeability, and overall demand.

Relation to other routes

EB-4 is distinct from the other employment-based categories (EB-1, EB-2, EB-3) and is used for niche or transitional immigrant pathways that do not fit those categories. It ultimately provides a route to lawful permanent residency for individuals meeting the specific special-immigrant criteria.