EB4 Religious Worker Visa Immigration Lawyers

What is an EB4 Visa and Who Qualifies?

The EB4 visa is an immigrant visa category designated for foreign workers who are immigrating to the United States to serve as religious workers. To qualify for an EB4 visa, applicants must meet the following criteria:

1. Membership in a Religious Denomination: The applicant must have been a member of a religious denomination for at least two years.
2. Employment with a Qualified Organization: The applicant must be employed by a qualified organization, which is typically a non-profit religious organization in the United States that is either tax-exempt under 501(c)(3) or eligible for such exemption.
3. Role as a Minister or Religious Worker: The applicant must be coming to the U.S. to work as a minister, religious professional, or in another religious vocation. The EB4 program used to include a broader range of religious workers, but it has been narrowed down to primarily those working as ministers. This restriction remains in place unless reinstated, as it was set to expire on September 30, 2012.

The term “religious denomination” is broadly defined and includes any religious group or community with an ecclesiastical government, a statement of faith, worship practices, a code of doctrine and discipline, religious services and ceremonies, and established places of worship. For instance, membership in a Buddhist monastery would qualify as membership in a religious denomination. Even inter-denominational religious organizations that are tax-exempt may qualify. The required membership duration can be proven through sworn statements from other members of the denomination.

A “minister” is defined as an individual authorized by a religious denomination to conduct religious worship. The denomination’s official in the U.S. must affirm the worker’s qualifications.

How Quickly Can I Obtain an EB4 Visa?

Similar to other employment-based visa categories, the EB4 category usually does not reach its quota, allowing for relatively quick processing. Once the petition is approved, a visa or change of status to EB4 can be obtained without the need for a labor market test, and the entire process can be completed in a few months.

What Are the Advantages and Limitations of an EB4 Visa?

One of the primary advantages of the EB4 visa is that it does not require labor certification, making the process faster compared to other employment-based green card categories. However, a significant limitation is that the EB4 visa category is now primarily limited to ministers, excluding many other religious workers who were previously eligible.

How Can an Attorney Assist with an EB4 Petition?

Navigating the EB4 visa process can be challenging, particularly when it comes to establishing eligibility. Even if all required documents are included, they must be presented in a clear and organized manner to guide the immigration officer to a favorable decision, especially if the religious denomination is not widely recognized. An attorney with experience in immigration law can ensure that the petition meets the expectations of the immigration service or the Department of State, significantly increasing the chances of approval.