EB-4 Special Immigrants

March 17, 2023
The EB-4 preference class includes religious workers, certain long-time employees of the U.S. government, and citizens of Iraq or Afghanistan that have worked for the U.S. Armed Forces as a translator for at least one (1) year.

Religious Worker Immigrants

The permanent residence process for Religious Workers comprises two phases: (1) the Special Immigrant Visa Petition and (2) the Permanent Residence Application. The following is a summary of the major requirements:

1.The petitioner must be a religious organization or affiliate. This is generally demonstrated by showing the employer either has received or would receive, Internal Revenue Service recognition as a bona fide non-profit religious organization. The petitioner must be part of an identifiable denomination. The employer must also demonstrate it has the present financial capacity to support the beneficiary and have a bona fide need for the R-1 worker’s services.
2.The job offered must be full-time work in a religious occupation. Work that is primarily non-religious does not qualify.
3.The beneficiary must be qualified to work in a religious occupation. Ministers must have the required seminary degree, ordination certificate, or other recognition. Other religious workers must document their religious commitment and experience through certificates and reference letters.

Once the Special Immigrant Petition (From I-360) has been approved, the application for permanent residence can be filed. The employee’s eligible family members can also apply for permanent residence at this time.

This summary is not intended to be a legal consultation and is intended to be a general description. A legal consultation is necessary before any action is taken. Please call Birg Law (847) 579-9989.