US green card: EB-4 visa applications suspended - what happens next?

Were you planning to apply for an EB-4 visa? Well, you've missed the bus. The US government recently announced that all available immigrant visas under the Employment-Based Fourth Preference (EB-4) category for the financial year (FY) 2025 have been exhausted. This development, which affects Indian applicants among others, means that no further EB-4 green cards will be issued until the new financial year begins on October 1, 2025.

 

What is the EB-4 visa?

 

The EB-4 visa category is primarily designated for religious workers, certain special immigrants, and international broadcasters. The US Immigration and Nationality Act (INA) limits the number of employment-based green cards issued each year, with 7.1% of the total employment-based quota allocated to EB-4 visas.

 

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

 

Religious workers

Special Immigrant Juveniles

Certain broadcasters

Certain retired officers or employees of a G-4 international organisation or NATO-6 civilian employees and their family members

Certain employees of the US government who are abroad and their family members

Members of the US armed forces

Panama Canal company or Canal Zone government employees

Certain physicians licensed and practising medicine in a US state as of January 9, 1978

Aliens who have supplied information concerning a criminal organisation or enterprise or a terrorist organisation, enterprise, or operation (S nonimmigrants)

 

Some of the common categories include:

 

Religious workers: Individuals coming to the United States to work in a religious occupation or vocation, such as ministers, priests, or religious professionals.

Broadcasters: Individuals working in a professional capacity as broadcasters for international broadcasting entities, such as the Voice of America.

Certain physicians: Physicians willing to work in a designated underserved area for a specific period or who have a waiver of the two-year foreign residence requirement.

Employees of international organisations: Individuals employed by qualifying international organisations, such as the United Nations or World Bank, and coming to the United States to continue their work.

Armed forces members: Current or former members of the US armed forces who meet certain criteria, including having served honourably for at least 12 years.

 

What this means for Indian applicants

 

No more EB-4 visas until FY 2026: Indians seeking EB-4 green cards will have to wait until October 1, 2025, when the new annual cap resets.

Embassies & consulates cannot issue EB-4 visas: US embassies and consulates have been directed not to process EB-4 applications for the remainder of FY 2025.

 

Impact on green card wait times

 

The exhaustion of EB-4 visas could increase backlogs and delays, affecting Indian applicants already in the queue.

 

Alternatives for Indian applicants

 

With the suspension of EB-4 visas, applicants may consider alternative US visa pathways such as:

 

EB-1, EB-2, or EB-3 visas

 

These are employment-based immigrant visas that allow foreign nationals to apply for a US green card based on their skills and qualifications.

 

EB-1: For individuals with extraordinary ability in sciences, arts, education, business, or athletics, outstanding professors and researchers, and multinational executives or managers.  

EB-2: For professionals with advanced degrees or exceptional ability in their field, including those who qualify for a National Interest Waiver (NIW).  

EB-3: For skilled workers (requiring at least two years of experience), professionals (with a US bachelor's degree or equivalent), and unskilled workers (jobs requiring less than two years of training or experience).  

 

H-1B visa

 

A non-immigrant work visa that allows US employers to hire foreign professionals in speciality occupations requiring at least a bachelor's degree. Common fields include IT, finance, engineering, and healthcare. The visa is valid for up to six years and is often a step towards obtaining a green card.

 

Family-sponsored green cards

 

These allow US citizens and permanent residents to sponsor certain relatives for lawful permanent residency. Categories include:

Immediate relatives: Spouses, unmarried children under 21, and parents of US citizens.  

Family preference categories: Includes unmarried adult children of US citizens, spouses and children of permanent residents, and siblings of US citizens.

 

EB-4 visa costs

 

The filing fees for the EB-4 visa vary depending on the category and circumstances. Below is a summary of the current fees:

 

For applicants applying from within the US:

 

Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant):

Filing Fee: $515

Immigrant Fee: $235

 

Form I-485 (Adjustment of Status Application):

Filing Fee: $1,440

 

For applicants applying from outside the US:

 

Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant):

Filing Fee: $435

 

Form DS-260 (Green Card Application):

Filing Fee: $345

 

Form I-864 (Affidavit of Support):

Filing Fee: $120