Special Immigrants (EB-4)-INA §§101(a)(27), 203(b)(4), 8 U.S.C. §§1101(a)(27), 1153(b)(4)
A. RETURNING RESIDENTS-LPRs who are returning from a temporary visit abroad. INA §101(a)(27)(A). A returning resident without a valid I-551 may apply to the U.S. consulate for special immigrant returning resident status.
B. PERSONS REACQUIRING U.S. CITIZENSHIP-INA §101(a)(27)(B). A person reacquiring U.S. citizenship who under INA §1435(a) or INA §327 applies for reacquisition.
C. RELIGIOUS WORKERS-INA §101(a)(27)(C), 8 U.S.C. §1101(a)(27)(C).
For at least 2 years immediately preceding the filing of the petition, the person "has been a member of a religious denomination having a bona fide, nonprofit, religious organization in the United States," and
The person seeks to enter the U.S. to work full time (35 hours) in a compensated position, solely to carry on his or her vocation as a minister (or if before Oct. 1, 2012), seeks to work in a professional or nonprofessional capacity in a religious vocation or occupation), or to work for a bona fide, nonprofit religious organization in the U.S. or its affiliate in the U.S.; and
The person has been working as a minister or in a religious vocation or occupation, either abroad or in lawful status in the U.S. for at least the 2-year period immediately preceding the filing of the petition. 8 C.F.R. §204.5(m).
Includes spouses and children accompanying or following to join. INA §101(a)(27)(C); 22 C.F.R. §42.32(d)(1)(i)(C).
D. PANAMA CANAL TREATY EMPLOYEES and their Spouses and Children-INA §101(a)(27)(E)-(G).
E. INTERNATIONAL MEDICAL GRADUATES (IMGs)-INA §101(a)(27)(H). IMGs if entered U.S. on H/J visa, licensed to practice or practicing medicine in a state as; of Jan. 1, 1978, and continued to practice and been continuously present since date of entry. Visa-qualifying medical exam is not a requirement. 22 C.F.R. §42.32(d)(4).
F. G-4s-INA §101(a)(27)(I). Retired G-4 officer and spouse, or unmarried son or daughter or widow(er) (if G-4 deceased) of employee or retired employee of an international organization described in INA §101(a)(15)(G)(i) who has maintained G-4 or N status and who applies within 6 months of retirement.
G. COURT DEPENDENTS; Special Immigrant Juveniles (SIJ)-INA §101(a)(27)(J), 8 U.S.C. §1101(a)(27)(J).
Generally Covers a child who:
(1) has been declared dependent by a juvenile court in the U.S., or who has been placed by such court in custody of a state agency or other individual or entity, and
(2) whose reunification with one or both of his or her parents is not viable due to abuse, neglect, abandonment, or a similar basis found under state law.
H. U.S. SERVICE MEMBERS WHO HONORABLY SERVED ON ACTIVE DUTY FOR 12 YEARS-INA §101(a)(27)(K), 8 U.S.C. §1101(a)(27)(K).
Service must be after Oct. 15, 1978. Must have been lawful enlistment outside the U.S. under a treaty or agreement in effect on the date of enactment of the law (i.e., with the Philippines, Micronesia, Marshall Islands, or Palau). Can also include person who has served for 6 years who is on active duty and has re-enlisted for 6 more years.
I. NATO CIVILIAN EMPLOYEES-INA §101(a)(27)(L), 8 U.S.C. §1101(a)(27)(L); 22 C.F.R. §42.32(d)(5). Persons classified under NATO-6 who are: (1) members of a civil component accompanying a force entering in accordance with the provision of NATO Status-of-Forces Agreement; (2) members of a civilian component attached to or employed by an Allied Headquarters under the Protocol of the Status of International Military Headquarters. The provision includes spouses and children, and has identical eligibility requirements as G-4 nonimmigrants.
K. BBG BROADCASTERS-Broadcasters entering the U.S. to work for the International Broadcasting Bureau of the Broadcasting Board of Governors (BBG) or for a grantee of the BBG. INA §101(a)(27)(M), 8 U.S.C. §1101(a)(27)(M).
L. TRANSLATORS WITH THE U.S. ARMED FORCES
Law provides 500 visas per year for nationals of Iraq or Afghanistan if they: (1) worked directly with U.S. Armed Forces or Chief of Mission as a translator or interpreter for a period of at least 12 months; (2) obtained a favorable written recommendation from the chief of mission, or a general or flag officer in the chain of command; (3) cleared a background check and screening as determined by the chief of mission, general or flag officer before filing the petition; and (4) are otherwise admissible except for §212(a)(4) (public charge). There are 500 visas available per year.
M. IRAQIS PROVIDING FAITHFUL AND VALUABLE SERVICE TO U.S.
Law Provides 5,000 visas per year for Iraqi citizens or nationals who: (1) were employed by or on behalf of the U.S. in Iraq after Mar. 20, 2003 for not less than one year; (2) provided faithful and valuable service to the U.S. which is documented in a positive recommendation or evaluation by the employees' senior supervisor and approved by the Chief of Mission; (3) have experienced or are experiencing ongoing serious threats as a consequence of employment by the U.S.; (4) are otherwise eligible to receive an IV including background check; and (5) are otherwise admissible except for public charge.
N. AFGHAN ALLIES Citizen or national of Afghanistan who: (1) was employed by or on behalf of the U.S. government in Afghanistan on or after Oct. 7, 2001, for not less than one year; (2) provided faithful and valuable service to the U.S. government that is documented in a positive recommendation or evaluation subject to the approval of the Chief of Mission; (3) has experienced or is experiencing an ongoing serious threat as a result of that employment; (4) is otherwise admissible and eligible to receive a visa; and (5) clears a background check.
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