RELIGIOUS WORKERS
Criteria
A religious worker is a person who for the past two years has been a member of a religious denomination which has a bona fide nonprofit, religious organization in the United States; and who has been carrying on the vocation, professional work, or other work described below, continuously for the past two years; and seeks to enter the U.S. to work solely:
– As a minister of that denomination; or
– In a professional capacity in a religious vocation or occupation for that organization; or
– In a religious vocation or occupation for the organization or its nonprofit affiliate.
DEFINITIONS
Ministers of religion
Persons who are authorized by a recognized denomination to conduct religious worship and perform other duties usually performed by members of the clergy such as administering the sacraments, or their equivalent. The term does not apply to lay preachers.
Religious vocation
Persons who have a calling to religious life, evidenced by the demonstration of a lifelong commitment, such as taking of vows. Examples include nuns, monks, and religious brothers and sisters.
Religious occupation
Persons who have a habitual engagement in an activity which relates to a traditional religious function. Examples include liturgical workers, religious instructors or cantors, catechists, workers in religious hospitals, missionaries, religious translators, or religious broadcasters.
It does not include janitors, maintenance workers, clerks, fund raisers, solicitors of donations, or similar occupations. The activity of a lay-person who will be engaged in a religious occupation must relate to a traditional religious function. The activity must embody the tenets of the religion and have religious significance, relating primarily, if not exclusively, to matters of the spirit as they apply to the religion.
I-360 Immigrant Visa Petition
Any person, including the applicant, can file a Form I-360 petition with the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) for a person who meets the religious worker criteria.. After the petition is approved by the USCIS, the applicant will be sent instructions on how to apply for a fourth preference special immigrant visa for religious workers.
I-360 immigrant visa petition
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:
Supporting statement by the petitioner
A supporting statement by the authorized official of the religious organization attesting to the applicant’s membership in the religious denomination and explaining, in detail, the person’s religious work and all employment during the past two years, and for the proposed employment;
The statement 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 statement 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 statement 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 statement 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 statement should establish how the religious organization is affiliated with the denomination.
The statement 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).
Proof that the religious organization qualifies as a non-profit organization
Evidence establishing that the religious organization, and any affiliate which will employ the person, is a bona fide nonprofit religious organization in the USA and is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986.
Other documentation
Ordination certificate, if any
Religious education diplomas, certificates
Other college-level or professional education diplomas or certificates
Statement from religious organizations abroad detailing prior religious worker experience
Information materials of the creed, international organization, affiliation
Roster of members of organization in the USA
Budget and other independent accounting reports of organization in the USA
Articles of incorporation or religious organization in the USA
Quarterly Federal Wage returns of the petitioner in the USA
Lease or deed of church or temple in the USA
Organizational chart of religious organization in the USA
Brochures or printed materials
Numerical Limitations
Whenever there are more qualified applicants for a category than there are available numbers, the category will be considered oversubscribed, and immigrant visas will be issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached. The filing date of a petition becomes the applicant’s priority date. Immigrant visas cannot be issued until an applicant’s priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates.
Family Members
An immigrant religious worker’s spouse and unmarried children under 21 years of age may be granted derivative immigration status.
REGULATIONS
8 CFR 204.5(m)
Religious workers –
(1)An alien, or any person in behalf of the alien, may file an I-360 visa petition for classification under section 203(b)(4) of the Act as a section 101(a)(27)(C) special immigrant religious worker. Such a petition may be filed by or for an alien, who (either abroad or in the United States) for at least the two years immediately preceding the filing of the petition has been a member of a religious denomination which has a bona fide nonprofit religious organization in the United States. The alien must be coming to the United States solely for the purpose of carrying on the vocation of a minister of that religious denomination, working for the organization at the organization’s request in a professional capacity in a religious vocation or occupation, or working in a religious vocation or occupation for the organization or a bona fide organization which is affiliated with the religious denomination and is exempt from taxation as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 at the request of the organization. All three types of religious workers must have been performing the vocation, professional work, or other work continuously (either abroad or in the United States) for at least the two-year period immediately preceding the filing of the petition.
Professional workers and other workers must obtain permanent resident status through immigration or adjustment of status on or before September 30, 1997, in order to immigrate under section 203(b)(4) of the Act as section 101(a)(27)(C) special immigrant religious workers. (Amended 5/26/94; 59 FR 27228) THIS HAS BEEN EXTENDED BEYOND 9/30/1997 - On October 15, 2003, the 2003 Act’s sunset provision was extended by legislation to September 30, 2008. This means that beneficiaries of approved Form I-360 religious worker petitions may file for adjustment of status or an immigrant visa as long as the priority date is current, and the visas issued or the adjustments granted before midnight September 30, 2008
(2) Definitions. As used in this section:
Bona fide nonprofit religious organization in the United States
means an organization exempt from taxation as described in section 501(c)(3) of the Internal Revenue Code of 1986 as it relates to religious organizations, or one that has never sought such exemption but establishes to the satisfaction of the Service that it would be eligible therefor if it had applied for tax exempt status.
Bona fide organization which is affiliated with the religious denomination
means an organization which is closely associated with the religious denomination and which is exempt from taxation as described in section 501(c)(3) of the Internal Revenue Code of 1986 as it relates to religious organizations.
Minister
means an individual duly authorized by a recognized religious denomination to conduct religious worship and to perform other duties usually performed by authorized members of the clergy of that religion. In all cases, there must be a reasonable connection between the activities performed and the religious calling of the minister. The term does not include a lay preacher not authorized to perform such duties.
Professional capacity
means an activity in a religious vocation or occupation for which the minimum of a United States baccalaureate degree or a foreign equivalent degree is required.
Religious denomination
means a religious group or community of believers having some form of ecclesiastical government, a creed or statement of faith, some form of worship, a formal or informal code of doctrine and discipline, religious services and ceremonies, established places of religious worship, religious congregations, or comparable indicia of a bona fide religious denomination. For the purposes of this definition, an inter-denominational religious organization which is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986 will be treated as a religious denomination.
Religious occupation
means an activity which relates to a traditional religious function. Examples of individuals in religious occupations include, but are not limited to, liturgical workers, religious instructors, religious counselors, cantors, catechists, workers in religious hospitals or religious health care facilities, missionaries, religious translators, or religious broadcasters. This group does not include janitors, maintenance workers, clerks, fund raisers, or persons solely involved in the solicitation of donations.
Religious vocation
means a calling to religious life evidenced by the demonstration of commitment practiced in the religious denomination, such as the taking of vows. Examples of individuals with a religious vocation include, but are not limited to, nuns, monks, and religious brothers and sisters.
(3) Initial evidence. Unless otherwise specified, each petition for a religious worker must be accompanied by:
(i) Evidence that the organization qualifies as a non-profit organization in the form of either:
(A) Documentation showing that it is exempt from taxation in accordance with section 501(c)(3) of the Internal Revenue Code of 1986 as it relates to religious organizations (in appropriate cases, evidence of the organization’s assets and methods of operation and the organization’s papers of incorporation under applicable state law may be requested); or
(B) Such documentation as is required by the Internal Revenue Service to establish eligibility for exemption under section 501(c)(3) of the Internal Revenue Code of 1986 as it relates to religious organizations; and
(ii) A letter from an authorized official of the religious organization in the United States which (as applicable to the particular alien) establishes:
(A) That, immediately prior to the filing of the petition, the alien has the required two years of membership in the denomination and the required two years of experience in the religious vocation, professional religious work, or other religious work; and
(B) That, if the alien is a minister, he or she has authorization to conduct religious worship and to perform other duties usually performed by authorized members of the clergy, including a detailed description of such authorized duties. In appropriate cases, the certificate of ordination or authorization may be requested; or
(C) That, if the alien is a religious professional, he or she has at least a United States baccalaureate or its foreign equivalent required for entry into the religious profession. In all professional cases, an official academic record showing that the alien has the required degree must be submitted; or
(D) That, if the alien is to work in another religious vocation or occupation, he or she is qualified in the religious vocation or occupation. Evidence of such qualifications may include, but need not be limited to, evidence establishing that the alien is a nun, monk, or religious brother, or that the type of work to be done relates to a traditional religious function.
(iii) If the alien is to work in a non-ministerial and non-professional capacity for a bona fide religious organization which is affiliated with the religious denomination, the letter from the authorized official must explain how the affiliation exists. A tax-exempt certificate indicating that the affiliated organization is exempt from taxation in accordance with section 501(c)(3) of the Internal Revenue Code of 1986 as it relates to religious organizations is required in this instance.
(iv) In appropriate cases, the director may request appropriate additional evidence relating to the eligibility under section 203(b)(4) of the Act of the religious organization, the alien, or the affiliated organization.
(4) Job offer. The letter from the authorized official of the religious organization in the United States must also state how the alien will be solely carrying on the vocation of a minister (including any terms of payment for services or other remuneration), or how the alien will be paid or remunerated if the alien will work in a professional religious capacity or in other religious work. The documentation should clearly indicate that the alien will not be solely dependent on supplemental employment or solicitation of funds for support. In doubtful cases, additional evidence such as bank letters, recent audits, church membership figures, and/or the number of individuals currently receiving compensation may be requested.