Employment-Based Immigration: Fourth Preference EB-4

You may be eligible for an employment-based, fourth-preference visa if you are a special immigrant.

The following special immigrants are eligible for the fourth preference visa:

  • Religious Workers
  • Special Immigrant Juveniles
  • Certain Broadcasters
  • G-4 International Organization or NATO-6 Employees and Their Family Members
  • Certain employees of the U.S. government who are abroad and their family member
  • Armed Forces Members
  • Panama Canal Zone Employees
  • Certain Physicians
  • Afghan and Iraqi Translators
  • Afghan and Iraqi Nationals Who Have Provided Faith Service in Support of U.S. Operations

For information on the availability of EB-4 visas, please visit our Adjustment of Status Filing Charts from the Visa Bulletin page.

Petitioning for an Employment-Based Fourth Preference Immigrant

To petition for an employment-based fourth preference immigrant, your employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. However, there are certain situations where you, the employee, may self-petition on your own behalf. Please review the form instructions to see if you are eligible to self-petition and what required supporting evidence needs to be included.

Family of EB-4 Visa Holders

If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). and E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).

Broadcasters

Under sections 101(a)(27)(M) and 203(b)(4) of the Immigration and Nationality Act, the United States Agency for Global Media (USAGM) (formerly known as the United States Broadcasting Board of Governors), or a grantee of the USAGM, may petition for you (and your accompanying spouse and children) to work as a broadcaster for the USAGM or a grantee of the USAGM in the United States. For the purposes of this section, we use the following definitions:

  • “USAGM grantee” means Radio Free Asia, Inc. (RFA) or Radio Free Europe/Radio Liberty, Inc. (RFE/RL); and
  • “Broadcaster” means a reporter, writer, translator, editor, producer, or announcer for news broadcasts; hosts for news broadcasts, news analysis, editorial, and other broadcast features; or a news analysis specialist. This term does not include noncitizens performing purely technical or support services for the USAGM or a USAGM grantee.

When the USAGM (or a USAGM grantee) submits Form I-360 on your behalf, they must include a signed and dated supplemental attestation that contains the following information about you:

  • The job title and a full description of the job you will perform; and
  • Your broadcasting expertise, including how long you have been performing duties that relate to the prospective position, or a statement as to how you have the necessary skills that make you qualified for the broadcasting-related position.