EB-4 Special Immigrant Visa

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EB-4 Special Immigrant Visa: EB-4 Religious Worker, EB-4 SIJS Green Card

What is an EB4 Visa?

The EB-4 visa is an employment-based immigrant visa category that is reserved for certain special immigrants. The EB-4 category is designed for individuals who fit into specific special immigrant categories such as:

  1. Religious Workers (EB-4 Religious Workers): This category is for religious workers who are coming to the United States to work in a full-time, compensated position within a religious denomination or an affiliated nonprofit religious organization. To qualify, the religious worker must have been a member of the religious organization for at least two years prior to applying for the visa.
  2. Special Immigrant Juveniles (EB-4 SIJ): This category is for foreign nationals who have been declared dependent on a U.S. juvenile court due to abuse, neglect, or abandonment and for whom it is not in their best interest to return to their home country. This category allows these individuals to seek lawful permanent residence (green card) in the United States.
  3. Certain Employees or Former Employees of the U.S. Government Abroad (EB-4 Certain Employees or Former Employees): This category is for individuals who have worked for or on behalf of the U.S. government abroad and have been granted immigrant status as a result of their service.
  4. Certain Employees of International Organizations (EB-4 Certain Employees of International Organizations): This category is for employees of certain international organizations who are coming to work in the United States.
  5. Certain Afghan and Iraqi Translators (EB-4 Certain Afghan and Iraqi Translators): This category is for Afghan and Iraqi nationals who have worked as translators or interpreters for the U.S. government or the U.S. Armed Forces in Afghanistan or Iraq and have faced threats as a result of their employment.
  6. Special Immigrant Broadcasters (EB-4 Certain Special Immigrant Broadcasters): This category is for foreign nationals who have worked as broadcasters for the U.S. government’s Voice of America, Radio Free Europe, or other similar organizations.

Each of these special immigrant categories has its own specific eligibility requirements and application procedures. Individuals seeking an EB-4 visa typically need to have a U.S. sponsor or petitioner who plays a role in the application process. Additionally, there may be numerical limits on the number of visas available in the EB-4 category, which can result in waiting periods for some applicants. It’s important to consult the official USCIS website or seek legal advice to understand the specific requirements and procedures for the EB-4 category you are interested in.

Requirement for EB-4 Special Immigrant Religious Worker visa:

The EB-4 Special Immigrant Religious Worker visa is for individuals coming to the United States to work in a full-time, compensated position within a religious denomination or an affiliated nonprofit religious organization. To qualify for this visa, there are specific requirements that both the religious worker and the religious organization must meet. Here are the key requirements for the EB-4 Special Immigrant Religious Worker visa:

For the Religious Worker:

  1. Qualifying Religious Occupation: The religious worker must be coming to the U.S. to work in a religious occupation. This could include roles such as ministers, priests, monks, nuns, religious instructors, or other positions related to the religious function of the organization.
  2. Two Years of Membership: The religious worker must have been a member of the religious denomination for at least two years immediately preceding the filing of the visa petition. The two years of membership must be in the same religious denomination.
  3. Job Offer: The religious worker must have a job offer from a U.S. religious organization. The job offer should be for a full-time, compensated position within the religious denomination or an affiliated nonprofit religious organization.

For the Religious Organization:

  1. Nonprofit Status: The religious organization must be a nonprofit organization in the United States. It can be a religious denomination or an affiliated nonprofit religious organization.
  2. Tax-Exempt Status: The religious organization must be recognized as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code.
  3. Ability to Support the Religious Worker: The religious organization must be able to demonstrate that it has the financial ability to compensate the religious worker. This typically involves providing evidence of the organization’s financial resources.
  4. Religious Denomination Certification: In some cases, the religious denomination must provide a certification letter confirming the religious worker’s qualifications and eligibility.
  5. Intention to Employ the Religious Worker: The religious organization must provide a job offer and file an immigrant visa petition (Form I-360) on behalf of the religious worker.
  6. Request for Labor Certification: If the religious worker will be working as a minister or in a religious vocation or occupation, the religious organization is not required to obtain a labor certification from the U.S. Department of Labor (DOL). However, if the religious worker will be working in a non-ministerial role, the religious organization must obtain a labor certification from the DOL.

EB-4 Visa Labor Certification Process:

Request for Labor Certification:

If the religious worker will be working as a minister or in a religious vocation or occupation, the religious organization is not required to obtain a labor certification from the U.S. Department of Labor (DOL). 

However, if the religious worker will be working in a non-ministerial role, the religious organization must obtain a labor certification from the DOL. Here are the key steps involved in the labor certification process for the EB-4 visa:

  1. Determination of Eligibility: Before beginning the labor certification process, the religious organization must determine whether the foreign worker qualifies for the EB-4 visa in a non-ministerial capacity. This typically means that the religious worker will be filling a role other than that of a minister or clergy member.
  2. Prevailing Wage Determination: The religious organization is required to determine the prevailing wage for the specific job position in accordance with the U.S. Department of Labor (DOL) regulations. This is the wage that is typically paid to U.S. workers in similar positions in the geographic area where the job is located.
  3. Recruitment Efforts (Optional): Depending on the circumstances and specific requirements of the DOL, the religious organization may be required to conduct recruitment efforts to test the labor market. This could involve advertising the job vacancy in specified ways and documenting the results of these efforts.
  4. File the Labor Certification Application (Form ETA-9089): The religious organization must submit a labor certification application, known as Form ETA-9089, to the DOL. This form includes details about the job, the prevailing wage determination, and the recruitment efforts (if required).
  5. Processing by the Department of Labor: The DOL reviews the labor certification application to ensure that it meets the regulatory requirements. This process typically includes verifying that the organization has followed the appropriate recruitment steps and that the job offer complies with labor standards.
  6. Approval of Labor Certification: If the DOL approves the labor certification application, they will issue a certified labor certification. This certification confirms that the religious organization has demonstrated that there are no qualified U.S. workers available for the non-ministerial position.
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USCIS Processing

File Form I-360 Petition: Once the labor certification is approved, the religious organization can proceed to file the immigrant visa petition on behalf of the religious worker using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This petition is filed with USCIS.

Priority Date & Visa Bulletin:

  • Visa Bulletin: After USCIS approves your Form I-360, your priority date (the date of filing your petition) becomes important. You must wait for a visa number to become available based on the Visa Bulletin published by the U.S. Department of State. The availability of visa numbers depends on your visa category and country of chargeability.

Consular Processing or Adjustment of Status (AOS)

Depending on the circumstances, the religious worker can proceed with either consular processing or adjustment of status to obtain their immigrant visa or green card:

    • Consular Processing: If the religious worker is outside the United States, they can apply for an immigrant visa at a U.S. embassy or consulate in their home country using the approved Form I-360 petition and supporting documents.
    • Adjustment of Status: If the religious worker is already in the United States in a lawful status, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, to adjust their status to that of a lawful permanent resident (green card holder) without leaving the United States.

 

EB-4 Special Immigrant Visas - FAQ

(1) Do you need an R1 visa (temporary religious worker visa)  to get an EB-4 (Special Immigrant Religious Worker) visa? 

No. While both the R-1 visa and the EB-4 visa are related to religious work in the United States, they serve different purposes, and one is not a prerequisite for the other. An R-1 visa is a temporary visa for religious work, while the EB-4 visa is an immigrant visa for religious workers seeking permanent residency.

(2) Can you concurrently file I-360 (Special Immigrant Religious Worker) and I-485 (Adjustment of Status Application)?

No.  You cannot file I-360 for Special Immigrant Religious Worker and I-485 concurrently. 

R-1 Visa ( Temporary Religious Worker Visa)

What is an R1 Visa? 

The R-1 visa is a nonimmigrant visa category in the United States specifically designed for religious workers who wish to come to the U.S. temporarily to engage in religious work. This visa category allows religious organizations in the United States to bring in foreign religious workers to perform a variety of religious duties and activities.

Please check our R-1 Visa page for details. 

Important Links for Related Visas:

Please click the links below to learn the details about other work visas.

Immigrant Visas:

  1.  EB-1 Visas 
  2.  EB-2 Visas 
  3.  EB-3 Visas 
  4.  EB-4 Visas 

Non-immigrant Temporary Work Visas:

  1. H-1B Visas (Workers in a specialty occupation)
  2. R1 Visas (Religious workers)
  3. L-1A Visas (Intracompany transferees in managerial or executive positions)
  4. L-1B Visas (Intracompany transferees in positions utilizing specialized knowledge)
  5. TN Visas (North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada)

Our Expertise and Services:

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

Follow-up Assistance:

After the visa / petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.

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