Temporary (Nonimmigrant) Visas
Fourth Employment-Based Preference - Special
Immigrants - Religious Workers
General
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 bachelors 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.
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