Religious Workers (EB-4)

To gain permanent residence as a special immigrant religious worker, you must be a member of a religious denomination that has a nonprofit religious organization in the United States. You must have been a member of this religious denomination for at least two years before applying for admission to the United States. You must have been performing the requisite work for two years and be entering the United States to work as one of the following:

• As a minister or priest (or rabbi, etc.) 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. A religious occupation is an activity devoted to traditional religious functions, such as a cantor, missionary, or religious instructor.)

Application Procedures:

You or your employer must submit USCIS Form I-360 (Petition for Amerasian, Widow(er), or Special immigrant) with the following documentation:

• Proof that the religious organization qualifies as a nonprofit 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.
  • If you are a minister, the letter should establish that you have been authorized to perform religious duties in general and should specify which duties you are 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 required for your religious profession. You must also submit an official academic record.
• 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).

The Woog Law Office has obtained approvals of I-360s for ministers and assistant pastors working at Korean, Chinese, Japanese, Brazilian, and other ethnic churches in the United States. The application for adjustment of status cannot be submitted until the I-360 is approved.