Gunderson & Denton, P.C., lawyers in Mesa, AZ, Arizona

Immigrants - Employment-Based Visas -EB-4/Special Immigrant Religious Workers

United States immigration law uses an annual limitation on the number of most permanent admittees, that is, immigrants, who may enter the country. Central to the U.S. immigration system is the use of a preference system to allocate the available visas. One of the predominant types of visas issued to permanent immigrants is known as an employment-based visa. Within that classification, five priority levels are established. The fourth level is for religious workers who wish to immigrate to the U.S. to work for nonprofit religious organizations.

An alien seeking permanent admission to the United States as a religious worker must show both that the organization for which he or she will work is nonprofit and that his or her work meets the criteria for an EB-4 visa.

Who Qualifies as a Special Immigrant Religious Worker?

To qualify for an EB-4 visa, an alien must meet certain requirements relating to the nature of his or her religious denomination, the length of time for which he or she has been a member of the denomination, and the type of work he or she will do in the U.S. The denomination must have a U.S. nonprofit religious organization, and the alien must have been a member of the denomination for at least two years. Additionally, the work the alien plans to do in the U.S. must meet one of three criteria: (1) work as a minister or priest; (2) work for the organization in a position that requires at least a baccalaureate-level degree; or (3) work for the organization or its nonprofit affiliate in a religious vocation or occupation, such as missionary work.

How Do I Apply for an EB-4 Visa?

To apply, either the alien or his or her prospective employer must file a petition for a special worker with the office of U.S. Citizenship and Immigration Services (USCIS) that serves the area in which the work will be performed. In addition to the petition, two basic showings must be made. First, documentation must be submitted that establishes the nonprofit nature of the organization. Second, documentation must be submitted, in the form of a letter from an official of the organization, that establishes the alien's eligibility for an EB-4 special immigrant visa.

The letter must show both that the alien has been a member of and has had experience in his or her religious occupation that has lasted at least two years. Additionally, if the alien plans to work as a minister, the letter must specify the religious duties the alien is authorized to perform. Similarly, if the alien plans to work as a professional, the letter must establish that a degree was received and an official academic record must be submitted, as well.

Depending upon the capacity in which the alien will work, the letter may also be required to establish the alien's qualifications to work in that capacity, the relationship between the religious organization and the religious denomination, and the nature of the work the alien will perform. The letter may also be required to show that the alien will need to supplement his or her income with another job and that charity funds will not be accepted.