It should be also noted that although these USCIS estimated processing times can provide a general framework for understanding the time frames for petition adjudication by USCIS, these estimates do not necessarily reflect the estimated time frame for the entire US visa process especially if the unique circumstances of a given case requires Consular Processing of a US visa application at a US Embassy or US Consulate abroad.

For a married couple seeking an IR1 visa or a CR1 Visa for a foreign spouse of US Citizen the process begins at the USCIS where the initial petition will be adjudicated. Assuming USCIS approves the initial petition, then the petition will be forwarded to the National Visa Center (NVC). NVC will require certain documents before forwarding the application to a US Embassy or Consulate abroad where a foreign spouse must undergo an interview prior to the Consular Officer making a decision regarding visa issuance. In some cases, the Consular Officer may approve the visa application at the interview. Meanwhile, in some circumstances, the officer may deny the application (especially where a ground of inadmissibility is found to exist in the case and under such circumstances the applicant must be granted an I-601 waiver, or something similar, prior to the application receiving further favorable treatment). In some cases, the officer may simply find that some further evidence of the relationship or documentation pertaining to the foreign national is lacking and will thereby deny the application pursuant to section 221(g) of the Immigration and Nationality Act. Under these circumstances, the 221(G) denial may be overcome by presenting further evidence to the Consular Officer and upon their finding that the relevant requirements have been met the application may be approved.

As one can infer from the above example, the USCIS estimateed  processing times may not accurately reflect the total time it may take to obtain a US visa since the process is sometimes more complex than simple USCIS petition approval.

Employment-Based Immigration: Fourth Preference EB-4

You may be eligible for an employment-based, fourth preference visa if you are a special immigrant. The following special immigrants are eligible for the fourth preference visa:

• Religious Workers
• Broadcasters
• Iraqi/Afghan Translators
• Iraqis Who Have Assisted the United States
• International Organization Employees
• Physicians
• Armed Forces Members
• Panama Canal Zone Employees
• Retired NATO-6 employees
• Spouses and Children of Deceased NATO-6 employees

Petitioning for an Employment-Based Fourth Preference Immigrant

To petition for an employment-based fourth preference immigrant, your employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. However, there are certain situations where you, the employee, may self-petition on your own behalf. Please review the form instructions to see if you are eligible to self petition and what required supporting evidence needs to be included.

Readers are asked to remember that the above citation is not a satisfactory substitute for a full analysis of issues associated with the EB-4 visa especially as each individual immigration case is adjudicated pursuant to the unique factual circumstances present in the given situation.

This blogger has found that some of those who research this area confuse the EB-4 visa with the E-1 visa or the E-2 visa. In some cases, this category gets confused with the EB-5 visa. Regardless, the EB-4 visa is a stand alone visa category which provides the benefit of lawful permanent residence to the bearer upon lawful admission to the United States of America. Clearly, the criteria for EB-4 visa issuance are less stringent than, say, the EB-1 visa; but this visa category is still heavily scrutinized by adjudicators and for this reason prospective EB-4 visa seekers should be prepared to undergo such an adjudication by USCIS.

Concurrently, it should also be noted that those foreign nationals seeking an EB-4 visa abroad are likely required to undergo Consular Processing at a US Embassy or US Consulate abroad in order to ultimately hope to receive a visa. Consular Officers at US Missions abroad are tasked with the responsibility of adjudicating visa applications for those foreign nationals wishing to travel to the United States of America.

For related information please see: US Visa Thailand.

The administration of this web log strongly encourages readers to keep in mind that the chart above is not an exhaustive explanation of the criteria associated with EB-3 visa issuance, but should merely be viewed as a brief overview of eligibility criteria for those thinking about petitioning for EB-3 visa benefits. The criteria for EB-3 visa issuance differ from the EB-1 visa and EB-2 visa criteria by some degree especially in the case of the EB-1 visa as that visa category is generally reserved for extraordinary recipients.

Those pondering petitioning for United States immigration benefits such as the EB-3 visa should bear in mind that the petition adjudication process is not necessarily the only phase of what could be a longer overall process if the proposed beneficiary resides outside of the United States and therefore must submit a US visa application and undergo Consular Processing at a US Embassy or US Consulate abroad.

For related information please see: American Embassy.