EB4 V. EB2

Law Office of Kisuk Paek, PC

Religious Immigration (EB4) v. Employment Immigration (EB2)

4^th Employment based (EB4)

• Only for religious workers
• Requirements
• 2 years of membership with religious denomination
• Full time (35 hours or more) compensated job offer as religious worker
• At least 2 years paid full time employment/work experience

2^nd Employment based (EB2)

• Anyone having advanced degree with US job offer
• Requirements
• Full-time & permanent job offer by US company
• Advanced degree or equivalent

Different procedures

EB4 – 2 Step process

• Step 1 – File Immigrant Petition (Form I360) with USCIS

– Processing time by USCIS: about 8 months

- Filing date with USCIS becomes Priority Date (PD)

• Step 2 – File green card application (Form I485) with USCIS if PD is current

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EB2 – 3 Step process

• Step 1 – Labor Certification by DOL

– Require recruitment process to test US labor market

- Processing time by DOL: about 15+ months

- Filing date with DOL becomes PD

• Step 2 – File Immigrant Petition (Form I140) with USCIS
• Step 3 - File green card application (Form I485) with USCIS if PD is current

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Which route to choose?

EB4

• Preferred route for religious workers since one step (recruitment process) can be waived
• Starting April 2023, due to severe backlog, not able to move to Step 2, filing green card application

EB2

• Preferred route for not having 2 year full-time paid work experience for Religious Immigrant
• Less backlog than EB4 category
• Upon Step 1 (labor certification), Step 2 (immigrant petition) & Step 3 (Adjustment of Status) can be concurrently filed
• Step 2 (immigrant petition) can be expedited with additional USCIS filing fee of $2805 for premium process

What is backlog? Why it matters?

EB4

• Only 5000 per year allocated for religious worker
• Once yearly allocation used up, PD becomes U (unavailable), meaning not able to accept any new green card application by USCIS
• Most EB4 applicants under R1 religious visa/status – if not able to file green card application within 5 years of R1 maximum allowable time, then no status to stay in the U.S.

EB2

• 28.6% of worldwide visas available – more number allocated for this category than EB4
• As of October 2023, PD moves faster than EB4, meaning little or no wait before filing green card application

SEPTEMBER 2025 Visa Bulletin

Action plan?

• Any chance for EB4 category move faster? Not likely

Since April 2023, PD moves from 9/1/2018 to U (unavailable)

• What need to be done? If still within 5 year R1 visa/status, might want to discuss EB2 route rather than EB4
• If already have approved Form I360, what will happen? Approved Form I360 remains valid and intact on the petition – just explore one more option to stay legal in the U.S.
• More questions? Contact our office at 657 600 6003 or via atty@paeklaw.com

info@paeklaw.com

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