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Top-Notch EB-4 Visa Attorneys in San Jose Helping Immigrants Gain Permanent Residency in the U.S.

The employment-based fourth preference (EB-4) visa category provides a pathway to lawful permanent resident status in the U.S. for a certain class of special immigrants. Depending on the situation, applicants may self-petition or be required to have an employer petition on their behalf. If you believe you qualify for an EB-4 Green Card, the San Jose immigration attorney at the Yew Immigration Law Group, a P.C., can help you (or your employer) file a petition and guide you through the U.S. immigration process.

Only 10,000 green cards in total become available annually for all the special immigrant categories combined. Add to that an immigration system that is highly complex, and you have a difficult application process ahead of you. Seeking the expert guidance of an EB-4 visa attorney in San Jose increases the chances of having your petition approved. Our San Jose law firm is fully qualified to handle your case; our immigration lawyer has extensive experience in filing EB-4 visa petitions. We can help you determine whether you meet all the criteria for special immigrants, as well as prepare the required documentation in an organized and convincing fashion.

Who Is Eligible For An EB-4 Visa?

The EB-4 Green Card is issued to special immigrant workers who are employed by the U.S. government, including:

  • Religious Workers
  • Broadcasters
  • Iraqi/ Afghan Translators
  • Iraqis Who Have Assisted the United States
  • International Organization Employees
  • Physicians who have worked for the U.S. government abroad or domestically
  • Armed Forces Members
  • Panama Canal Zone Employees
  • Retired NATO-6 employees, or their surviving spouses and children

What Do I Need to Know as a Religious Worker Seeking an EB-4 Visa?

If you are applying to qualify as a special immigrant religious worker, you must be able to demonstrate the following:

  • You have a minimum of a two-year membership in a non-profit religious organization that has a physical presence in the U.S.
  • You are seeking to enter the U.S. to work in a compensated full-time position in one of the following occupations:
  • A minister of a particular religious denomination;
  • A religious vocation either in a professional or nonprofessional capacity;
  • A religious occupation, either in a professional or nonprofessional capacity; or
  • A bona fide non-profit religious organization in the U.S.
  • You are coming to work for either:
  • A bona fide non-profit religious organization in the U.S.; or
  • A bona fide organization that is affiliated with the religious denomination in the U.S.
  • You have been working for a minimum of two years in a full-time (35+ hours per week) religious capacity within that same organization, such as a minister or other vocational religious position.

How Do I Apply For An EB-4 Visa?

The application for an EB-4 visa begins when a U.S.-based employer files a Form I-360 Petition for Amerasian, Widow(er), or Special Immigrant. The employer must provide supporting evidence that proves all requirements are met. In some cases, however, the applicant can self-petition and file for Form I-360 if they do not have a U.S. sponsor. A skilled immigration lawyer from Yew Immigration Law Group can help you determine whether or not you would be allowed to self-petition.

An EB-4 visa requires a valid offer from a U.S. employer for permanent employment that is in their field of expertise and is not seasonal or part-time. The U.S. employer sponsoring the visa applicant must also prove that they have or will have sufficient funds to adequately pay the foreign worker for as long as they are employed.

Those applying as religious workers must provide evidence that they meet the requirements listed below and will need to include a letter from their current employer or supervisor. Program Electronic Review Management (PERM) certification—a process ensuring that no U.S. citizens are available to fill the position in question and that a reasonable wage will be paid—is not necessary for religious workers seeking EB-4 visas.

If Form I-360 is approved, the National Visa Center (NVC)will send you further instructions, which may include an interview at your local United States Consulate or Embassy. If Form I-360  is rejected, you will receive a letter explaining the decision.

What Are the Benefits of a Green Card?

An EB-4 visa is a kind of green card allowing you to live and work as a permanent resident of the United States. As a green card holder, you will also be allowed to travel freely within the United States without restrictions and to and from other countries as long as you are not gone for more than 12 months. You will be protected under all of the laws of the city and state where you live, as well as the federal laws of the United States, in the same ways that U.S. citizens are. You will be eligible for various types of government benefits as a green card holder, such as Social Security and financial aid for education. As a green card holder, you cannot be deported unless you commit a crime or violate a law in a way that would result in deportation. After 5 years, you may apply for U.S. citizenship. This time period is shortened to3 years if you are married to a U.S. citizen.

Can My Family Join Me in the U.S. if I Receive an EB-4 Visa?

After your EB-4 visa is approved, your spouse and any unmarried children under the age of 21 may join you in the U.S. This can be achieved through consular processing with you if all of you live outside the United States or your spouse and minor children can apply for an adjustment of status if they are already in the U.S. If you have already filed your adjustment of status or consular processing forms and arrived in the country as a permanent resident, your family members may be able to file for follow-to-join benefits.

A skilled and knowledgeable immigration lawyer from Yew Immigration Law Group will be happy to help you determine which option is best for you and your family.

How Can One of Your Immigration Attorneys Help Me Apply For An EB-4 Visa?

United States immigration laws are complex, and United States Citizenship and Immigration Services (USCIS) can be difficult to deal with. Our accomplished immigration attorneys know how to cut through the bureaucratic red tape and streamline the EB-4 visa process. We have helped countless foreign nationals obtain permanent resident status in the United States, and we can help you.

Our clients have found our help invaluable in simplifying the process of obtaining an EB-4 visa, as we assist in all aspects of application, documentation gathering, and representation before the USCIS if needed. If your petition is denied, we can help with an appeal and advise you on ways to strengthen your profile that will increase your chances of success.

If you’re considering applying for an EB-4 visa, contact the law offices of Yew Immigration Law Group today by calling (408) 645-6395 to schedule a case evaluation session with a winning EB-4 visa attorney.