EB-4 Eligibility and Filing
To qualify as an EB-4 special immigrant religious worker, you
must be a member of a religious denomination that has a non-profit
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 be
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.)
You must have been performing this religious
work for the past two years. For more specific eligibility information,
please see 8
CFR § 204.5.
Application Procedures:
You or your employer must submit USCIS
Form I-360 (Petition for Amerasian, Widow(er), or Special immigrant). The application must be filed at the USCIS Regional
Service Center that serves the area where you will work. You must
also submit:
- Proof that the religious organization
qualifies as a non-profit 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 in your religious vocation
or occupation.
- 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 that is required for your religious
profession. You must also submit an official academic record.
- 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.
- 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).
Forms are available by calling 1-800-870-3676, or by submitting a request
through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.
|