Q: Who qualifies as a religious worker in the EB-4 category?
A: The EB-4 special immigrant religious worker category separates applicants into two pools: ministers, who are not subject to a visa cap; and other religious workers, who are subject to a 5,000 annual visa cap. The former category includes positions that are directly related to the inculcation of the denomination’s religious teachings or doctrine; specific positions include pastors, priests, rabbis, and imams. The latter category comprises vocational workers such as monks, nuns, religious counselors, religious healthcare workers, missionaries, broadcasters, and translators. Those specifically ineligible under the EB-4 category are administrative or clerical workers in a religious organization whose positions are not directly involved in disseminating the denomination’s teachings; such positions include receptionists, janitors, maintenance workers, and musicians.
Q: The 60-month limit on my R-1 status is fast approaching. Can or should I file an EB-4 application to stay in the U.S.?
A: If you meet the all the requirements, then we’d recommend so. Note, however, that you should apply well in advance to account for the time it takes to adjudicate an EB-4 petition and subsequently apply for an adjustment of status so that you won’t be required to leave the U.S. once your R-1 status expires.
Q: I worked for numerous years at a church abroad as a minister. Currently, I’m thinking of working for a non-denominational church in the U.S. under an EB-4 visa. Can the church petition for me, even though the denomination is different from the one I worked at abroad?
A: Maybe. In essence, the burden will be on the petitioning church-employer and you as the prospective beneficiary to show that the governing bodies, beliefs, and practices of the two churches are similar enough to qualify you under the EB-4 category. According to the Code of Federal Regulations [8 C.F.R. § 204.5(m)], the denominations will need to share a recognized common creed and doctrine; common forms of worship, including religious services and ceremonies; common places of religious worship or religious congregations; and/or other comparable indicia of bona fide religious denominations. If the evidence is sufficient to demonstrate this, then it’s very much possible to successfully apply for an EB-4.
Q: Will my family be able to join me in the U.S. if my EB-4 application is approved?
A: Immediate family members, who include spouses and unmarried children under the age of 21, may join you in the U.S. after your EB-4 visa is approved. To do so, they can either go through consular processing with you if you all reside abroad, apply for an adjustment of status if they are already in the U.S., or file for follow-to-join benefits in certain circumstances; which would involve your family members coming to the U.S. after you have already filed your adjustment of status or consular processing forms and arrived in the country as a permanent resident.
Q: Is premium processing available for EB-4 religious workers?
A: At this time, no. U.S. Citizenship and Immigration Services (USCIS) does not currently accept premium processing requests with Form I-360 applications for Special Immigrants. However, visa numbers typically remain current for EB-4, and adjudication of an EB-4 petition frequently takes no more than six months.
Q: Why does USCIS conduct random onsite inspections, and what do these inspections entail?
A: To combat and deter fraud, USCIS began random onsite inspections of nonprofit religious organizations petitioning for or sponsoring EB-4 religious workers. The inspections serve to verify the physical presence of a bona fide nonprofit religious organization, and include a tour of where the immigrant worker will be employed and possibly of the organization’s headquarters or other satellite locations. An inspection may also consist of an interview with religious officials and review of the organization’s records.
For more information on the EB-4 visa, refer to the following links:
Updated 04/12/2017