EB-4 Religious Workers

Religious workers from ministers of a religious denomination, or another religious vocation or religious occupation either in a professional or nonprofessional capacity or a bona fide non- profit religious organization in the United States may qualify for permanent residence through
their work.

– Special Immigrant Religious Worker Requirements

  1. The sponsoring organization is bona fide religious organization with 501(c)(3) tax-exempt status, either by itself or through a group ruling. If the sponsoring organization was not granted tax-exempt status as a religious organization, it must be affiliated with a religious denomination.
  2. The religious worker applicant must have worked in a religious position for the religious
    denomination for at least two years prior to filing to Special Immigrant Religious Worker
    with USCIS.
  3. The applicant must be coming to work as a full-time position (at least 35 hours a week) for
    the petitioner.

– Special Immigrant Religious Worker Process

The process has two parts:
1. immigrant visa petition (I-360) shows that the employee qualifies as a special immigrant religious worker,
2. application for permanent residence (I-485) when a visa is available.
3. if in the United States, you submit an application for permanent residence or if abroad, you submit immigrant visa
4. All religious worker petitions are adjudicated by the California Service Center.

– On-Site Inspections

Under the regulations at 8 CFR 214.2(r)(16), USCIS may conduct a pre-approval inspection in any case. During a site inspection, USCIS must verify that the place of worship/congregation actually exists. In addition, a post-adjudication inspection may be completed on the beneficiary’s work location to verify the beneficiary’s work hours, compensation and duties.

On a site visit, USCIS officers will come to the work place to ensure that it is a functioning religious organization. The officers will ask to see documents supporting the petition, such as proof of nonprofit status, religious literature, financial records, and payroll records.

– Family of Green card holders

The employee’s spouse and unmarried children under 21 are also eligible to apply for permanent residence, whether they are in the United States or abroad. If they are in the United States, they are eligible for work permits as well.

– Citizenship

If you got your green card for 5 years as religious workers, you may apply for citizenship.

The information presented on this site is general in nature and is not intended as legal advice.

If you have questions about your particular situations or issues, please consult an Attorney.