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EB-4 Religious Worker

The employment-based fourth (EB-4) preference visa is intended for “special immigrants” including religious workers.  Ministers and non-ministers in religious occupations and vocations can immigrate to the U.S. to perform religious work in a full-time compensated position.

Basic Requirements:
  • There are 5,000 special immigrant non-minister religious worker visas available every fiscal year. There is no cap for those coming to work as ministers.
  • The special immigrant religious worker must be a member of a religious denomination that has a bona fide non-profit religious organization in the U.S. for at least two (2) years.
  • The special immigrant religious worker is coming to the U.S. to work in a full-time compensated position:
    • As a minister of the religious denomination,
    • In a religious vocation either in a professional or nonprofessional capacity, or
    • In a religious occupation either in a professional or nonprofessional capacity.
  • The special religious worker must demonstrate that s/he has been working in either one of the three occupations mentioned above, after the age of 14, in the U.S. or abroad. This work must have been uninterrupted for two (2) years prior to the petition. If there was a break in the preceding two (2) years, the religious worker will need to show that:
    • S/he was still employed as a religious worker;
    • The break did not exceed two (2) years; and
    • The break was due to further religious training or for a sabbatical.
  • The special immigrant religious worker is coming to work for either a bona fide non–profit religious organization in the U.S. or a bona fide organization affiliated with the religious denomination in the U.S.
  • The employing non-profit religious organization must provide the following supporting documents:
    • Proof of the organization’s tax-exempt status; and
    • Evidence of the religious worker’s salaried or non-salaried compensation.
  • The special immigrant religious worker is required to provide the following supporting documents:
    • Proof of membership to the religious denomination.
    • Evidence to establish that the religious worker is qualified to perform the duties of the position. A Religious worker coming to work as a minister must provide:
      • A copy of his or her certificate of ordination or other similar documents;
      • Evidence that the religious denomination accepted the religious worker’s qualifications; and
      • Evidence of the religious worker’s completion of theological studies at an accredited theological institution that is required or recognized by the religious worker’s religious denomination.
      • If the religious denomination does not require theological studies, the religious worker must provide:
        • The religious denomination requirements for the ordination of ministers;
        • A list of duties performed by ordain ministers;
        • The denomination’s levels of ordination, if any; and
        • Evidence that the religious worker met the religious denomination’s requirements for ordination.
    • Proof of previous religious work either abroad or in the U.S.
    • If the previous job was in the U.S. and the position was compensated, the religious worker needs to document receipt of the salary. The religious worker can provide, for example, Form W-2 or copies of filed income tax returns.
    • If the previous job was in the U.S. and the religious worker received non-salaried compensation, the religious worker needs to provide, if available, IRS documents indicating the non-salaried compensation. However, when IRS documents are not available, the religious worker needs to explain why and offer similar verifiable documentation.
    • If the religious worker received no salary but supported him or herself and any dependents, he/she needs to provide valid documents to show how support was maintained.
    • If the previous job was abroad, the religious worker needs to provide comparable evidence of the religious work.
Dependent Family Members:
  • Dependents including legal spouses and children under 21 years of age, may accompany or join the religious worker or adjust status in the U.S.
Procedure:

The green card process for this category involves the employer completing and filing a “Preference Petition” with U.S. Citizenship & Immigration Services (“USCIS”). Estimated processing time averages about six (6) to twelve (12) months depending on employer location.

If a visa number is available, the individual may proceed to the final step, which is the actual application for green card status. This application may take the form of (1) an application to adjust status, which may be filed concurrently with the preference petition mentioned above as long as an immigrant visa number is available or (2) an application for an immigrant visa, which must be filed and adjudicated (with a personal interview) by a U.S. consul outside the U.S. The choice of which path to follow is highly dependent on individual facts and circumstances.

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