About the EB-4 Special Immigrant Visa for Religious Workers

The EB-4 visa for Special Immigrant Religious Workers is similar to the R-1 visa. The difference between the two is that an R-1 is a temporary nonimmigrant working visas (extendable up to five years), while an EB-4 grants the visa holder permanent residency (a green card) based on their work in ministry.

The benefit of the R-1 is that the visa holder can apply for the EB-4 (adjustment of status) after having been in the U.S. and employed by the religious organization for two years.

Example

A good example of an EB-4 applicant would be a religious worker who has been working under their R-1 visa status for 2 years and wants to now apply for permanent residency (a green card).

Another example is a foreign national who has been employed by the religious organization for the past two years and wishes to be transferred to the U.S. to work in the same capacity and for the same denomination.

Benefits of the EB-4

• The Applicant, if approved receives permanent residency (a green card) and may work in the U.S. indefinitely.

• Your spouse and unmarried children under the age of 21 may accompany or follow to join you or adjust status in the United States.

Eligibility

You may be eligible for the EB-4 Religious Worker status if you:

• Have been a member of a religious denomination for at least two years immediately before filing a petition;

• Be coming to work for either:

  • A bona fide non-profit religious organization in the U.S.; or

  • A bona fide organization that is affiliated with a religious denomination in the U.S.; and

    Have been working for the organization / denomination in a capacity rooted in religious belief after the age of 14, either abroad or in the U.S., continuously for at least two years immediately before the filing of a petition (there are certain exceptions to this continuous requirement);

• Will be employed by the organization full time (35 hours per week);

• Your employment will be compensated, meaning salaried or unsalaried (benefits such as housing could qualify as compensation); and

• The purpose of employment is rooted in a religious role.

How to File

The Non-Profit

The petitioning church / ministry / non-profit begins the process:

• Complete and file Form I-360;

• Paying the filing fee, if applicable; and

• Provide all required evidence and supporting documentation.

• In addition, a site visit at the non-profit’s headquarters may be requested.

The Applicant (religious worker)

After Form I-360 is approved, the applicant will proceed with one of two processes:

1) Consular processing: Applicants are interviewed at a U.S. consulate or embassy in their country of residence, providing:

• biometric authorization and medical evaluation; and

• necessary documentation and requested evidence.

• Once issued a visa, the applicant may travel to the U.S. as a permanent resident and their green card will be mailed to their U.S. address.

2) Adjustment of status: If the applicant is already in the U.S. and working under a R-1, they may file Forms I-485 (Application to Adjust Status), I-131 (Application for Travel Document), and I-765 (Application for Employment Authorization).

The applicant’s spouses or unmarried minor children may file to adjust status at the same time; if they are abroad, these relatives can file for follow-to-join benefits through consular processing.

* This information can be found in its entirety on the USCIS website