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EB-4 Eligibility and Filing
To qualify as an EB-4 special immigrant religious worker, you must
be a member of a religious denomination that has a non-profit religious
organization in the United States. You must have been a member of
this religious denomination for at least two years before applying
for admission to the United States. You must be entering the United
States to work:
- As a minister or priest of the religious denomination;
- In a professional capacity in a religious vocation or occupation
for the religious organization (a professional capacity means
that a U.S. baccalaureate degree or foreign equivalent is required
to do this job); or
- In a religious vocation or occupation for the religious organization
or its nonprofit affiliate. (A religious vocation means
a calling or devotion to religious life. Taking vows can prove
that you have a calling to religious life. A religious occupation
is an activity devoted to traditional religious functions. Examples
of religious occupations include (but are not limited to) cantors,
missionaries, and religious instructors.)
You must have been performing this religious work for the past
two years. For more specific eligibility information, please see
8
CFR § 204.5.
Application Procedures:
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:
- Proof that the religious organization qualifies as a non-profit
organization
- A letter from an official of the religious organization in the
United States:
- The letter 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 letter 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 letter 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 letter 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 letter should establish how
the religious organization is affiliated with the denomination.
- The letter 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).
Forms are available by calling 1-800-870-3676, or by submitting
a request through our forms
by mail system. For further information on filing fees, please
see USCIS
filing fees, fee
waiver request procedures, and the USCIS
fee waiver policy memo. Please click here for more information
on USCIS
offices.
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