EB-4 Religious Workers
I. SUMMARY
II. WHAT IS EB-4 CATEGORY?
III. WHO QUALIFIES UNDER EB-4 CATEGORY?
IV. WHAT FORMS DO I USE TO APPLY?
V. FAMILY MEMBERS
VI. FEES TO INS/CONSULATE
VII. PROCEDURE
I. SUMMARY
Every year, America allows 140,000 persons to come to the U.S. on employment-based immigrant visas, which are divided into five categories. They all require filing of an immigrant visa petition with the United States Citizenship and Immigration Services. If there are more qualified applicants in a category than there are available visa numbers, the category is considered "oversubscribed" and the visas are then issued in chronological order in which the petitions were filed. The filing date of the petition becomes the priority date. Your visa cannot be issued until your priority date is current. This may mean that you will have to wait several years before your priority date is reached.
II. WHAT IS EB-4 CATEGORY?
It is an immigrant employment-based visa category allowing you to live and work permanently in the United States of America.
III. WHO QUALIFIES UNDER EB-4 CATEGORY?
All applicants this classification must be the beneficiaries of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government who must use Form DS-1884. Different types of special immigrants provided for under immigrant law are listed below:
- Minister of Religion;
- Broadcaster in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization;
- Certain Employees or Former Employees of the U.S. Government Abroad;
- Employee of the Mission in Hong Kong;
- Certain Former Employees of the Panama Canal Company or Canal Zone Government;
- Certain Former Employees of the U.S. Government in the Panama Canal Zone;
- Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1, 1979;
- Interpreters and translators of Iraqi or Afghan nationality;
- Iraqis who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year after March 20, 2003;
- Certain Foreign Medical Graduates (Adjustments Only);
- Certain Retired International Organization employees;
- Certain Spouses of a deceased International Organization Employee;
- Juvenile Court Dependent (no family member derivatives);
- Alien Recruited Outside of the United States Who Has Served or is Enlisted to Serve in the U.S. Armed Forces;
- Certain retired NATO-6 civilians;
- Certain surviving spouses of deceased NATO-6 civilian employees;
- Alien beneficiary of a petition or labor certification application filed prior to Sept. 11, 2001, if the petition or application was rendered void due to a terrorist act of Sept. 11, 2001;
- Certain Religious Workers.
IV. WHAT FORMS DO I USE TO APPLY?
Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant.
Special Immigrant Religious Worker
To qualify under this category an alien has to show that for the past two years s/he has been a member of a religious denomination which has a bona fide nonprofit, religious organization in the United States, and has been carrying on the vocation, professional work, or other work, continuously for the past two years; and seeks to enter the United States to work solely:
- As a minister of that denomination; or in a professional capacity in a religious vocation or occupation for that organization; or
- In a religious vocation or occupation for the organization or its nonprofit affiliate.
NOTE: All special immigrant religious workers, other than ministers, immigrating to the United States as special immigrant religious workers must immigrate (i.e., enter the United States) or adjust status to permanent residence (i.e., have their Form I-360 and Form I-485 approved) before October 1, 2008.
U.S. employer filing for a Minister of Religion must file the petition with the following:
A. A letter from the authorized official of the religious organization establishing that the proposed services and alien qualify as above;and
B. A letter from the authorized official of the religious organization attesting to the alien's membership in the religious denomination and explaining, in detail, the person's religious work and all employment during the past two years and the proposed employment; and
C. Evidence establishing that the religious organization, and any affiliate which will employ the person, is a bona fide nonprofit religious organization in the United States that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986; and
D. Evidence of the petitioning organization’s ability to pay the proffered wages.
V. FAMILY MEMBERS
Your spouse and unmarried children under 21 are admitted under the same classification as you are.
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VI. FEES TO INS/CONSULATE
Form I-360 (Filing Fee Click here)
Adjusting fee at consulate to be defined by consulate. There may be other fees that will be determined at the time of filing.
VII. PROCEDURE
This is a multi-step process:
A. You and your prospective employer must determine if you are eligible for lawful permanent residency;
B. Approval of Form I-360, Immigrant Petition for Alien Worker: Your employer must first file an I-360 Petition together with the supporting evidence;
C. Visa Availability: Once I-360 Immigrant Visa Petition is approved by the USCIS the State Department must give the applicant an immigrant visa number. Visa numbers become available subject to the preference category and priority dates. You can check the status of a visa number in the Department of State's Visa Bulletin;
D. Adjustment of Status/Consulate Processing: If the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.
Before your status is adjusted to permanent resident or your immigrant visa is issued, you will have to undergo a medical examination conducted by a doctor designated by your consular officer. You will have to pay the costs of these examination as well as the visa fees.
Last Updated on Thursday, 05 January 2012 16:16