Applying for an EB-4 Visa as a Religious Worker: Requirements and Process

Intending immigrants applying for EB-4 visas as religious workers are able to petition on their own behalf or be sponsored by the U.S.-based religious organization.

Requirements and documentation are employee- and employer-specific.

Alien’s Requirements

Prospective EB-4 beneficiaries have to seek entry into the U.S. for the sole purpose of assuming a religious job position. Acceptable job positions include:

  • Priest or minister in their religious denomination
  • Professional religious jobs for which a U.S. degree or foreign equivalent is required
  • Religious vocations characterized by assuming a religious lifestyle requiring vows, education, and training recognized by the religious denomination

Like all EB-4 applicants, religious workers or their future employers must submit Form I-360 for Special Immigrants.

Supporting Documentation

Various supporting materials are required from both the religious organization and the alien.

From the Nonprofit Religious Organization

  • Proof of tax-exempt status, typically with 501(c)(3) letters of verification
  • Proof of salaried or unsalaried compensation

    1. This documentation may take the form of a budget, proof of past compensation for a similar position, evidence of room and board provided, or W-2s.

    2. Note that if room and board are provided as part of compensation, then documentation will need to demonstrate both the organization’s intent and ability to provide such.

  • Attestation from authorized religious official, demonstrating or answering the following:

    1. That the religious organization is a bona fide nonprofit

    2. That the intending worker has been a member of the organization for at least two years

    3. That the intending worker will work full-time, i.e. no fewer than 35 hours per week

    4. That the intending worker will not engage in employment outside the religious organization

    5. Job description, job title, and details of salaried or unsalaried compensation

    6. The location of the job

    7. The number of members of the employer’s organization

    8. The number of employees at the job site

    9. The number of workers holding R-1 or special immigrant status employed by the organization over the five years prior to EB-4 filing

    10. The number of R-1 or special immigrant petitions filed by the organization over the five years prior to EB-4 filing

From the Alien Religious Worker

  • Evidence of membership in the denomination indicated for at least two years prior to filing

    -This may take the form of religious certificates, ordinations, letters of acceptance into the denomination, or transcripts showing courses and training completed in the organization. 

  • Evidence of the intending immigrant’s religious background

    -This may take the form of certificates of ordination or letters memorializing status as a minister or related religious position.

  • Evidence of having been employed full-time by the same religious denomination in a religious occupation for the two years preceding EB-4 filing
  • If the position is unsalaried:

    -Evidence as to why it is not salaried

    -Evidence of alien’s financial ability to support him- or herself (e.g., bank statements)

Application Process

After Form I-360 is filed, U.S. Citizenship and Immigration Services (USCIS) will issue a receipt notice. In some cases, USCIS will require an onsite inspection, which are requested on a case-by-case basis to deter fraud. The adjudicating officer may further issue a Request for Evidence before rendering a decision, which oftentimes delays the processing time. In total, the duration of time elapsing between submitting the petition and receiving a decision amounts to five months.

After Form I-360 is approved, the intending immigrant will undergo one of two processes:

  1. Consular processing: Aliens are interviewed at a U.S. consulate or embassy in their country of residence to apply for and receive their visa.

    • The interview includes biometric authorization, the collection of necessary documentation and evidence, and a medical evaluation by a USCIS-certified physician.
    • Once issued a visa, the alien is eligible to travel to the U.S. as a permanent resident; a green card is later mailed to the alien’s U.S. address.
    • If the religious worker has immediate family members, i.e. spouses or unmarried minor children, then these relatives may concurrently undergo consular processing; alternatively, they can wait and file for follow-to-join benefits via Form I-130 after the principal immigrant has arrived in the U.S.
  2. Adjustment of status: If the worker is already in the U.S., he or she may file Forms I-485 (Application to Adjust Status), I-131 (Application for Travel Document), and I-765 (Application for Employment Authorization).

    • Forms I-765 and I-131, which allow immigrants to work in the U.S. and freely travel abroad while waiting for a decision on permanent residence, are typically adjudicated within three months. Processing Form I-485 can take take between eight months and a year.
    • If the religious worker has immediate family members, i.e. spouses or unmarried minor children, then these relatives may concurrently file to adjust status; if they’re abroad, these relatives can file for follow-to-join benefits through consular processing

For more information on the EB-4 visa, refer to the following links:

Updated 04/12/2017