EB-4 GREEN CARD
Special Immigrant Pathways to U.S. Permanent Residence
The EB-4 category is the employment-based fourth preference immigrant classification for certain special immigrants who meet specific eligibility requirements under U.S. immigration law.
Unlike EB-1, EB-2, and EB-3, the EB-4 category is not primarily organized around an applicant’s level of education, professional accomplishments, extraordinary ability, work experience, or a traditional permanent job offer.
Instead, EB-4 encompasses a number of specific special immigrant classifications.
Because these classifications serve different groups and are based on different statutory requirements, there is no single set of EB-4 eligibility criteria that applies to every applicant.
The first step in evaluating a potential EB-4 case is therefore identifying the specific special immigrant classification that may apply to the individual.
WHAT IS THE EB-4 GREEN CARD CATEGORY?
EB-4 is the fourth preference category within the U.S. employment-based immigrant system.
It provides an immigration pathway for certain individuals who qualify as special immigrants under U.S. immigration law.
Depending on the particular classification, eligibility may arise from an individual’s religious work, qualifying service or employment, juvenile circumstances, relationship with certain international organizations, military service, broadcasting activities, or another specifically recognized special immigrant classification.
The requirements vary substantially from one EB-4 classification to another.
An individual who qualifies under one special immigrant classification does not automatically qualify under another.
WHO MAY QUALIFY FOR EB-4?
USCIS recognizes several types of special immigrants who may potentially qualify within the EB-4 framework.
These include, depending on the applicable statutory requirements:
- Certain religious workers;
- Special Immigrant Juveniles;
- Certain employees or former employees of the U.S. government abroad;
- Certain qualifying employees of international organizations and qualifying family members;
- Certain NATO-6 employees and qualifying family members;
- Certain members of the U.S. Armed Forces;
- Certain physicians;
- Certain broadcasters;
- Certain qualifying Afghan and Iraqi nationals; and
- Other individuals who fall within specifically recognized special immigrant classifications.
Each classification has its own eligibility requirements.
Some categories may also be subject to special statutory provisions, filing requirements, numerical limitations, program expiration dates, or other restrictions.
For this reason, eligibility should be evaluated according to the specific EB-4 classification involved.
EB-4 SPECIAL IMMIGRANT RELIGIOUS WORKERS
Certain religious workers may qualify for special immigrant classification under EB-4.
The religious worker provisions include qualifying ministers and certain other religious workers who meet the applicable USCIS requirements.
Eligibility depends on factors such as the religious denomination, qualifying religious organization, the nature of the religious position, the applicant’s qualifying religious work, and other requirements established for the classification.
Because different rules may apply to ministers and other religious workers, the specific position and immigration classification must be carefully identified.
SPECIAL IMMIGRANT JUVENILES
Special Immigrant Juvenile classification, commonly referred to as SIJ, is another special immigrant classification associated with EB-4 immigrant visa availability.
SIJ classification is designed for certain noncitizen children in the United States who meet specific statutory and court-related requirements.
Eligibility involves requirements concerning age and marital status as well as qualifying findings made by an appropriate state juvenile court.
The SIJ process has requirements that are substantially different from employment-oriented EB-4 classifications.
A qualifying juvenile must establish the requirements applicable specifically to Special Immigrant Juvenile classification.
CERTAIN U.S. GOVERNMENT-RELATED SPECIAL IMMIGRANTS
Certain individuals with qualifying service or employment connected to the U.S. government may potentially fall within a special immigrant classification.
The applicable requirements depend on the particular type of service, employment, location, time period, and statutory classification involved.
Certain qualifying Afghan and Iraqi nationals may also fall within special immigrant classifications when the applicable requirements are satisfied.
Because these classifications are highly specific, eligibility cannot be determined simply by establishing that an individual previously worked with or for a U.S. organization.
The particular statutory classification and its requirements must be established.
INTERNATIONAL ORGANIZATION AND NATO-RELATED CLASSIFICATIONS
Certain qualifying employees of international organizations, certain qualifying family members, and certain NATO-related employees or family members may potentially qualify under special immigrant provisions.
These classifications are subject to their own eligibility requirements and should be evaluated separately from other EB-4 categories.
OTHER EB-4 SPECIAL IMMIGRANT CLASSIFICATIONS
EB-4 also encompasses additional special immigrant classifications established under U.S. immigration law.
Depending on the circumstances and applicable law, these may include certain physicians, members of the U.S. Armed Forces, broadcasters, and other specifically recognized groups.
The existence of multiple classifications is one of the most important characteristics of EB-4.
EB-4 should therefore be understood as an umbrella preference category containing several distinct special immigrant pathways rather than as one immigration program with one universal eligibility test.
FORM I-360 AND THE EB-4 PROCESS
Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is used for a number of special immigrant classifications.
Depending on the particular EB-4 classification, the petition may be filed by the qualifying individual or by another authorized petitioner.
However, the filing process is not identical for every EB-4 category.
The required documentation and supporting evidence depend on the specific special immigrant classification being requested.
Applicants should therefore determine the applicable classification before identifying the forms and supporting evidence required for their case.
FROM EB-4 CLASSIFICATION TO PERMANENT RESIDENCE
Obtaining or establishing eligibility for an EB-4 special immigrant classification and obtaining lawful permanent residence are related but distinct parts of the immigration process.
Where the applicable requirements are satisfied and an immigrant visa is available, an eligible individual may be able to pursue lawful permanent residence through the appropriate immigration procedure.
Visa availability can affect when an individual may proceed with the permanent residence stage.
The sequence of filing and the requirements applicable to adjustment of status can also vary depending on the specific special immigrant classification.
EB-4 IS NOT ONE UNIVERSAL IMMIGRATION PROGRAM
One of the most important concepts to understand about EB-4 is that the category contains multiple special immigrant classifications.
A religious worker case is fundamentally different from a Special Immigrant Juvenile case.
A qualifying international organization employee may face requirements different from those applicable to a broadcaster, physician, military member, or qualifying Afghan or Iraqi national.
As a result, an EB-4 evaluation should begin with a simple but essential question:
Which specific special immigrant classification applies?
Once the appropriate classification has been identified, the eligibility requirements, petition process, evidence, visa availability, and permanent residence process can be examined according to the rules applicable to that category.
EXPLORE EB-4 SPECIAL IMMIGRANT PATHWAYS
EB-4 can provide a pathway toward lawful permanent residence for individuals who qualify under one of the special immigrant classifications recognized under U.S. immigration law.
Because the individual classifications differ significantly, understanding the exact basis for eligibility is essential before beginning the immigration process.
Future sections of this resource will examine individual EB-4 classifications in greater detail, including eligibility requirements, documentation, petition procedures, and the permanent residence process.
OFFICIAL SOURCE
U.S. Citizenship and Immigration Services (USCIS)
Information on this page is based on USCIS materials concerning EB-4 special immigrants and Form I-360.
This content is provided for general informational purposes only and does not constitute legal, immigration, tax, financial, or investment advice.