EB-4 Immigrant Visas for Religious Workers

Members of the clergy and non-religious professions and occupations within religious organizations may immigrate or adjust their status in the United States to engage in full-time, paid religious work.

Fixed maximum for representatives of non-religious professions

There is a statutory limit (or “maximum”) of 5,000 workers who may be issued a special immigrant visa for non-religious occupations each fiscal year. There is no limit on the number of immigrant visas for religious workers coming to the United States solely to carry out spiritual missions.

Visa eligibility

To qualify as a special religious worker immigrant, a foreign national must:

1. Be a member of a religious denomination with a presence in the United States and exempt from taxation for at least two years at the time of filing an application with USCIS.
2. Intend to remain in the United States for the purpose of full-time, paid employment in one of the following occupations:

• As a minister of the denomination;
• As a professional or non-professional religious worker; or in a voluntary, non-profit religious organization within the United States;

3. Work on:

• A voluntary, nonprofit religious organization within the United States; or
  a voluntary organization affiliated with a religious denomination within the United States.

4. Have worked in one of the positions described above, either abroad or in the United States, for at least two consecutive years immediately prior to filing your application with USCIS, after reaching age 14. Prior religious employment does not have to be exactly the same as the type of work being performed. A temporary break in employment during the previous two years will not affect eligibility if:

• A foreign citizen is still a religious worker;
• The break does not exceed two years and the break was for further religious education or vacation purposes. However, the foreign citizen must have been a member of the applicant’s religious denomination for two years of qualified employment.

Note: Full-time work means an average of 35 hours of work per week. Paid work can be either paid or unpaid, but with material benefits (e.g., paid housing, food).