EB-4 Special Immigrant Visa Lawyer in Houston, Texas
The EB-4 is the fourth-preference employment-based green card category, and the most varied. Unlike EB-1 through EB-3, it does not follow the traditional employer-sponsored model. Instead, it covers a defined set of individuals whose service, status, or circumstances qualify them for permanent residence under a specific federal framework. At Prosperity Immigration Law, our attorneys led by Luis F. Hess, work with religious organizations, U.S. government workers, and individuals navigating the Special Immigrant Juvenile process to build strong, well-documented EB-4 cases.
What Is the EB-4 Category?
The EB-4 (Employment-Based Fourth Preference) was created by Congress as a category for "special immigrants,” individuals who qualify for permanent residence based on a specific role, relationship, or personal circumstance rather than on labor market demand or exceptional credentials. Congress allocates approximately 9,940 EB-4 visas per year, about 7.1% of the total employment-based green card allocation. PERM labor certification is not required for any EB-4 subcategory. The petition form used for most EB-4 categories is Form I-360.
Important: In April 2023, the State Department changed how it allocates EB-4 visas per country, merging previously separate queues for El Salvador, Guatemala, and Honduras with the global queue.
This has significantly lengthened wait times for all EB-4 applicants from most countries. Filing Form I-360 as early as possible to lock in a priority date is now more important than ever.
Who Qualifies for the EB-4 Category?
The EB-4 category is not defined by a single profession or industry. It encompasses a range of qualifying groups, each with its own eligibility requirements and evidentiary standards. Below is an overview of the most common EB-4 classifications we handle.
1. Religious Workers and Ministers
The EB-4 religious worker subcategory covers two groups:
To qualify, the applicant must: be a member of the denomination for at least two years; have worked continuously in a qualifying religious role for at least two years; and have a full-time, compensated job offer from a qualifying U.S. nonprofit religious organization.
2. Special Immigrant Juveniles (SIJ)
The SIJ category provides a path to a green card for vulnerable children and young adults in the United States who have been abused, abandoned, or neglected by one or both parents, and whose reunification with those parents is not viable. The process runs through both the state juvenile court and the federal immigration system simultaneously.
To qualify, the applicant must:
Critical restriction: SIJ recipients are generally barred from sponsoring their parents for immigration benefits, even after naturalization as a U.S. citizen. This is a key planning consideration that must be discussed with an attorney before filing.
3. Other Qualifying Groups
The EB-4 category also covers:
The EB-4 Application Process: Step by Step
- File Form I-360: The petition establishing EB-4 eligibility. For religious workers, the employer files; for SIJ, the juvenile files, often with court and attorney involvement. Some categories allow self-petition.
- Wait for a Visa Number: Once I-360 is approved, wait for a visa number per the monthly Visa Bulletin. Due to the 2023 queue change, wait times have increased significantly for most nationalities. Filing early is critical to protect your priority date.
- Adjustment of Status or Consular Processing: File Form I-485, if in the U.S., or go through consular processing. In some categories where visa numbers are current, I-360 and I-485 can be filed concurrently.
- Process:Biometrics, Interview, and Green Card Issuance If required.
What Our Clients Say
Why Choose Prosperity Immigration Law
Frequently Asked Questions About EB-4 Special Immigrant Visa
No. PERM is not required for any EB-4 subcategory, one of the distinguishing advantages over most EB-2 and all EB-3 petitions.
In some cases, yes, when a visa number is immediately available. Given current backlogs in most EB-4 subcategories, most applicants file I-360 first to establish a priority date, then wait for a visa number before filing I-485.
Speak With an EB-4 Special Immigrant Lawyer in Houston Today
The EB-4 category covers some of the most complex and personal immigration cases we handle, from religious workers serving their communities to young people seeking protection through the Special Immigrant Juvenile process.
Every case deserves careful preparation and an attorney who understands the specific framework that applies to your situation. If you believe you or someone you know may qualify, schedule a consultation with us today for an honest assessment of your eligibility and a clear path forward.
Our Offices
Houston
7322 Southwest Fwy, Tower One, 4th Floor, Suite 470
Houston, TX 77074
(281) 545-3607
Harris County
21815 Oak Park Trails Dr,
Katy, TX 77450
(281) 801-5726
The Woodlands
282 Ed English Dr,
Shenandoah, TX 77385
(281) 949-7126
