EB-4 Special Immigrant: Religious Worker

To qualify as a special immigrant religious worker, you must be entering the United States to work:

• As a minister or priest of the religious denomination;
• In a professional capacity in a religious vocation or occupation for the religious organization (a professional capacity means that a U.S. baccalaureate degree or foreign equivalent is required to do this job); or
• In a religious vocation or occupation for the religious organization or its nonprofit affiliate. (A religious vocation means a calling or devotion to religious life. Taking vows can prove that you have a calling to religious life. A religious occupation is an activity devoted to traditional religious functions. Examples of religious occupations include (but are not limited to) cantors, missionaries, and religious instructors).

You must have been performing this religious work for the past two years.

You or your employer must submit USCIS Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant). The application must be filed at the USCIS Regional Service Center that serves the area where you will work. You must also submit:

• Proof that the religious organization qualifies as a non-profit organization.
• A letter from an official of the religious organization in the United States:
  • The letter should establish that you have been a member of the denomination for two years, and that you have at least two years of experience in your religious vocation or occupation.
  • If you are a minister, the letter should establish that you have been authorized to perform.
  • If you are a religious professional, the letter should establish that you have a United States baccalaureate degree or the foreign equivalent that is required for your religious profession. You must also submit an official academic record.
• If you are applying to work in the United States in another religious vocation or occupation, the letter should establish that you are qualified to work in that religious vocation or occupation. For instance, if you are applying to work as a nun or a monk, you would need to provide evidence that you are a nun or a monk.
• If you are applying to work in the United States in a non-ministerial or non-professional capacity for a religious organization affiliated with a religious denomination, the letter should establish how the religious organization is affiliated with the denomination.
• The letter should also detail how you will be carrying on the work of a minister, or how you will be paid if you are working in a professional or other religious capacity. The letter should indicate that you will not be dependent upon supplementary income (from a second job) or charity (funds solicited for your support).

One thing to take into account when determining the EB-4 processing time is the concept of priority dates. Your priority date is the day that the USCIS receives your EB-4 petition. You will need to compare this date to the “final action dates” given in the visa bulletin released by the Department of State each month. When your priority date meets the EB-4 final action date for your country, your date will become “current”, meaning that an immigrant visa number is available and you can move onto the next step. Keep in mind that these priority dates are not the same for everyone. Because there is an annual limit on each visa, that number is spread across several countries. If too many people from one country apply for the same green card, a backlog develops. This is why applicants from heavily populated countries such as China and India tend to have longer priority date waiting times than others.

Because of the annual limit on the number of visas for EB-4, the processing time for it can be quite long. The visas are processed chronologically and in order, so if your visa is the next one after the year has ended and the limit is filled, you will be processed in the next year. Many people apply for this visa and that is why you can end up waiting for a very short time such as a few months or one year or for a longer time such as up to four years. It all depends on when you applied and when your priority date becomes current. USCIS and NVC will notify you when you can start your application to be processed.