The EB-4 Visa: Eligibility, Benefits, and Application Process

EB-4 visa may provide your path to permanent residence in the United States. Unlike other employment-based green card categories that focus on professional skills or education, the EB-4 is reserved for "special immigrants" whose eligibility stems from specific roles, humanitarian circumstances, or service to the U.S. government.

This guide covers who qualifies for the EB-4 category, the application process, current processing times, and what to expect from the visa bulletin. Understanding these details will help you plan your immigration journey and avoid common pitfalls.

What is the EB-4 visa?

The employment-based fourth preference (EB-4) immigrant visa provides a path to lawful permanent resident status for individuals classified as "special immigrants" under U.S. immigration law. U.S. Citizenship and Immigration Services (USCIS) administers this category, which includes religious workers, special immigrant juveniles, certain broadcasters, and several other groups defined by statute.

What distinguishes the EB-4 from other employment-based immigration categories is its focus on specific roles and circumstances rather than educational credentials or extraordinary ability. Unlike EB-2 or EB-3 green cards, the EB-4 does not require PERM labor certification through the Department of Labor. This streamlines the process for qualifying applicants, though eligibility criteria remain strict.

The annual allocation for EB-4 visas is approximately 7.1% of the roughly 140,000 employment-based immigrant visas available each fiscal year, which translates to around 10,000 visas annually (though actual numbers may vary slightly year to year). Within this allocation, certain subcategories have their own caps: non-minister religious workers are subject to a statutory cap of 5,000 visas annually, and broadcasters are limited to 100. The following table shows how EB-4 compares to other employment-based categories.

‍Note: Figures are approximate and may vary annually.

Understanding where EB-4 fits in the broader employment-based immigration system helps clarify whether this category matches your situation or whether another pathway might serve you better.

EB-4 priority dates and the visa bulletin

Because demand for EB-4 visas often exceeds the annual supply, most applicants face multi-year waits before they can complete their green card applications. Understanding how priority dates work and how to track visa availability is critical for planning your timeline.

Your priority date is typically the date USCIS receives your Form I-360 petition. This date establishes your place in line for an available immigrant visa. The Department of State publishes a monthly visa bulletin that shows which priority dates are "current" for each category.

In fiscal year 2025, the EB-4 category reached its annual limit on February 28, 2025, meaning no new EB-4 immigrant visas could be issued until the new fiscal year began on October 1, 2025. When this happens, the visa bulletin marks the category as "Unavailable." After the new fiscal year began, filing dates retrogressed significantly.

Retrogression occurs when cut-off dates move backward from one month to the next. An applicant who was briefly current may find themselves waiting longer if the dates move backward. This makes monitoring the visa bulletin monthly essential for anyone in the EB-4 queue.

The table below shows current EB-4 priority dates from the April 2026 Visa Bulletin.

These dates reflect a backlog of approximately 3.5 years, meaning applicants with priority dates before July 15, 2022 can proceed with final action on their green card applications.

Fees and processing times

Understanding total costs helps you budget for the full EB-4 process, which involves multiple government fees at different stages. Processing times vary significantly depending on your specific subcategory and whether you pursue adjustment of status within the United States or consular processing abroad.

‍Note: Fees change periodically. Check current rates at uscis.gov before filing.

Several EB-4 subcategories are exempt from the Form I-360 filing fee, including special immigrant juveniles, Afghan and Iraqi nationals who worked with the U.S. Armed Forces, and certain military members. Special immigrant juveniles are also exempt from the I-485 filing fee.

For processing times, Form I-360 petitions currently take 8.5 to 37 months for 80% of cases, depending on the special immigrant subcategory. Religious workers generally experience faster processing than other categories. After I-360 approval, the wait for visa availability adds another three to five years or more for most applicants. Once your priority date becomes current, the I-485 or consular processing phase adds several additional months.

Who qualifies for the EB-4 visa?

The EB-4 covers a diverse range of foreign nationals, and identifying which special immigrant category applies to your situation is the first step toward pursuing a green card. The immigrant category is defined by statute and includes a diverse range of foreign nationals with specific backgrounds or circumstances.

Eligible special immigrant categories include:

Each category has specific eligibility requirements and supporting documents. The list above represents the primary groups, though immigration attorneys can advise on less common subcategories that may apply to specific situations.

EB-4 religious worker requirements

Special immigrant religious workers represent the largest share of EB-4 applicants, making this subcategory worth examining in detail. The requirements are specific, and understanding them helps religious organizations and workers prepare compliant petitions.

To qualify as a special immigrant religious worker, you must meet the following criteria:

• Two-year membership requirement: You must have been a member of a religious denomination that has a bona fide non-profit religious organization in the United States for at least two years immediately before filing the I-360 petition.
• Two-year work requirement: You must have worked in a religious capacity as a minister, in a religious vocation, or in a religious occupation for the same religious denomination for two continuous years before filing.
• Position types: Ministers have no annual cap, but non-minister religious workers are limited to 5,000 visas per fiscal year. Non-ministers include individuals working in religious vocations (such as nuns, monks, or religious brothers and sisters) and religious occupations (positions that relate to traditional religious functions).
• Employment terms: The position must be full-time (35 or more hours per week) and compensated. Compensation can be salaried or documented in-kind support such as room, board, and other benefits.
• Employer requirements: The sponsoring religious organization must be a tax-exempt non-profit under section 501(c)(3) of the Internal Revenue Code.

Non-minister sunset provision

The non-minister religious worker program operates under a "sunset provision" that requires congressional renewal. Congress most recently extended this provision through September 30, 2026, when H.R. 7148 was signed on February 3, 2026. When this provision lapses, USCIS cannot accept new I-360 petitions or approve pending I-485 applications for non-ministers. Ministers are not affected by the sunset provision.

Because lapses can occur when Congress delays budget negotiations, applicants and immigration lawyers should monitor renewal status closely. If the provision expires, pending cases are placed on hold until Congress renews the program.

Family members and dependents

Most EB-4 categories allow you to include immediate family members in your green card application, providing a path to permanent resident status for your entire household.

Who qualifies as a dependent:

• Your spouse
• Your unmarried children under 21

Each qualifying family member files their own adjustment of status application (Form I-485) or DS-260 for consular processing. They share your priority date and move through the process alongside you, though each requires separate filing fees and, typically, separate interviews.

Important considerations for families:

Children who turn 21 while waiting for a priority date to become current face "aging out" risks. The Child Status Protection Act provides some protection, but the calculations are complex and vary by situation. If you have children approaching 21, consult with immigration attorneys to evaluate timing strategies.

Special immigrant juveniles face a unique restriction: SIJ recipients cannot sponsor their parents for immigration benefits, even after becoming a lawful permanent resident or U.S. citizen. This limitation applies regardless of whether the SIJ finding was based on abuse, neglect, or abandonment by one or both parents. Understanding this restriction is important for families exploring the work visa vs. green card decision.

The EB-4 application process

The EB-4 process requires careful documentation and timing. Understanding each step helps you prepare the necessary evidence and avoid delays.

Step 1: Confirm eligibility and category

Work with an immigration attorney to verify which special immigrant category applies to your situation. Each subcategory has distinct requirements and supporting documents. Gathering preliminary evidence early helps identify any gaps before filing.

Step 2: File Form I-360

Most EB-4 cases begin with Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant). Some categories allow you to self-petition; others require an employer to file form on your behalf. Broadcasters, for example, must have the United States Agency for Global Media submit the petition.

The filing fee is $515 for most categories, though many are exempt. Include all required supporting documents with your I-360 petition, as incomplete filings lead to delays or denials.

Step 3: USCIS adjudication

USCIS reviews your petition and supporting evidence. Processing times vary significantly by subcategory and service center, often ranging from several months to multiple years. For religious workers, USCIS may conduct on-site inspections of the sponsoring religious organization to verify compliance.

If USCIS needs additional information, they will issue a Request for Evidence (RFE). Responding promptly and completely to RFEs is critical for keeping your case on track.

Step 4: Wait for visa availability

After USCIS approves your I-360 petition, you must wait for a visa number to become available. Your priority date (the date USCIS received your I-360) determines your place in line. The EB-4 category currently has backlogs of approximately four years for most applicants.

Step 5: File your green card application

When your priority date becomes current according to the visa bulletin, you can file for your permanent resident card:

• If you are in the United States: File Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS. The filing fee is $1,440, though some categories are exempt. You may also file Form I-765 for employment authorization and Form I-131 for advance parole if you need to travel while your application is pending.
• If you are outside the United States: Complete DS-260 through the National Visa Center and attend a visa application interview at a U.S. consulate. The immigrant visa fee is $205, plus the $235 USCIS immigrant fee for green card production.

Both paths require medical examinations, biometrics appointments, and interviews. Once approved, you become a lawful permanent resident and receive your permanent resident card.

Choosing the right support partner for your EB-4 journey

The EB-4 process requires coordination between USCIS and the Department of State, extensive documentation of religious or special immigrant status, and careful monitoring of visa availability. For religious organizations sponsoring workers, compliance with non-profit requirements and on-site inspection protocols adds complexity. Timing decisions around the non-minister sunset provision and visa bulletin retrogression require ongoing attention.

Lighthouse helps employers and applicants navigate this process through eligibility diagnostics to identify the correct classification, expert guidance on evidence requirements and compliance documentation, and comprehensive legal review to strengthen petitions.

Our platform combines experienced case managers with technology built for immigration workflows, providing hands-on support, precise deadline tracking, and coordination of family applications.

Start your green card evaluation today.

FAQs

Who qualifies for EB-4?

Special immigrants, including religious workers (ministers and non-ministers in religious vocations), special immigrant juveniles, certain broadcasters working for the U.S. Agency for Global Media, G-4 and NATO-6 employees, armed forces members with 12 or more years of honorable service, Iraqi and Afghan translators and nationals who assisted the U.S. government, and other narrowly defined groups.

What is the difference between EB-4 and EB-5?

EB-4 is for special immigrants in defined categories and requires no financial investment. EB-5 is for immigrant investors and requires substantial capital investment ($800,000 to $1,050,000) in a U.S. business that creates jobs. Both categories receive 7.1% of annual employment-based visas. EB-4 eligibility is based on your role or circumstances; EB-5 eligibility is based on investment.

Which country has the longest green card wait?

India faces the longest backlogs in most employment-based categories due to per-country limits that restrict any single country to 7% of annual visa allocations. For EB-4 specifically, wait times are more evenly distributed across countries because demand patterns differ from categories like EB-1 or EB-2 NIW where India and China face severe backlogs.

Can I work while my EB-4 is pending?

If you have filed Form I-485 while your priority date is current, you can apply for an Employment Authorization Document (EAD) using Form I-765. Once approved, the EAD allows you to work for any U.S. employer while your adjustment of status application is pending. You cannot obtain employment authorization based solely on an approved I-360 petition; you must have a pending I-485.

What happens if the non-minister sunset provision expires?

When the provision lapses, USCIS cannot accept new I-360 petitions or approve pending I-485 applications for non-minister religious workers. Cases are placed on hold until Congress renews the provision. Ministers are not affected. The provision has historically been renewed, but timing depends on congressional budget negotiations.

How long does EB-4 processing take?

Total timelines typically span four to seven years or more. Form I-360 processing takes 8.5 to 37 months for 80% of cases. Visa availability wait times are currently three to five years or longer. After your priority date becomes current, the I-485 or consular processing phase adds several additional months. Monitoring the visa bulletin and planning for delays is essential for realistic expectations.