EB-4 Religious Workers

EB-4 Religious Workers

EB-4 Religious Workers visa is for a person who is a member of any religious non – profit organization for at least two years. The organization must be in US itself having a branch in other country. The immigration attorney prepares all the documents related to this visa after you have been clarified about 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.)

Nuns, monks, and religious brothers and sisters who took a lifelong commitment in the form of a vow set an example for this category. A person who is engaged in performing traditional religious functions on a permanent basis is considered fit for EB-4 Religious Workers visa. It is mandatory that the activist to perform religious activities and is not just a clerk, janitor or a maintenance worker.

The organization for which he servers must be a non-profit trust committed towards all the specific religious activities. The organization must be exempted by tax to be officially known as the non-profit trust. The organization does not need to have ever sought tax exempt status, but need only prove to the INS that it is eligible for such status.

It is possible for a person to apply for the EB-4 Religious Workers visa category even if he wishes to work as a religious professional or undertakes a religious occupation. For this he must provide evidence that he possesses a US bachelor’s degree or its foreign equivalent. In an affiliated organization, the document stating affiliation and that the organization is exempted from tax must be submitted.

The procedure for producing the application is as follows:

USCIS Form I-360 (Petition for Amerasian, Widow(er), or Special immigrant) must be submitted at the USCIS Regional Service Center of the particular place where you will be discharging your services. Along with the above, other documents to be submitted are:

  • Proof that the religious organization qualifies as a non-profit organization
  • A letter from the religious organizations stating that you a member of the same for more than two years and have the minimum 2 years of experience of discharging your duties.
  • Another letter stating the details of your working routine and if you will be paid as a professional or not. It must also state that you will not be dependent upon any supplementary income.
  • 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.

 

For more information on EB-4 Visas and attaining a Lawful Permanent Residence, please contact our immigration lawyers for a consultation.