Fourth Employment-Based Preference - Special Immigrants - Religious Workers 

In order for a religious worker to qualify as a special immigrant by I-360 petition, the person must seek to enter the United States in order to work in a professional capacity in a religious occupation or work for an organization or affiliate in a religious occupation.  The alien may also gain admission to the US for work as a minister. 

The alien who seeks admission as a religious worker must have worked as such for at least two years immediately prior to the submission of the application.  The person must have been a member of a religious denomination having a legitimate, nonprofit, religious organization in the United States.  This two-year period may have been in the US.  The person may also qualify if they have been studying in a religious vocation for that amount of time.  If there is a significant break in this two year period, it is only excusable if the break occurred due to circumstances beyond the control of the individual.  The religious work should be continuous for the two-year period, but it doesn’t have to be full-time. 

This category may include spouses or children that are following to join. 

A minister is defined as an individual who is authorized by a recognized religious denomination to perform duties performed by authorized clergy members. 

The religious worker who qualifies as a professional must have obtained a minimum of a Bachelor’s degree or its foreign equivalent.  The person must be employed in an occupation that relates to traditional religious functions.  This does not include non-religious workers who intend to engage in non-religious work.  The job must involve skills, training and experiences that relate to religious objectives.

 A change in the location of the employment within the same religious denomination does not effect the validity of the petition.

 Application Procedure

The applicant must submit the Form I-360, Petition for Widower, Amerasian or Special Immigrant Worker.

Along with the I-360 petition, the applicant must submit proof that the religious organization qualifies as a religious organization, as well as a letter from the US organization stating that the applicant has two years of experience, and that the person qualifies as a minister, a religious professional or is engaged in a religious occupation.  This letter must also explain how the applicant will be working in a religious capacity only, and the letter must state how that person is to be compensated for their services