EB4 Visa Requirement & Documents (Religious Worker)

After reading on the EB4 visa overview and gaining a general idea of what an EB4 religious worker green card petition is, the next step is to learn about what a person would need to provide as evidence to prove that they are qualified for an EB4 green card.

The article below provides a brief overview of what the EB4 green card requirements are looking for and what documents are usually submitted for each requirement.

EB4 GREEN CARD REQUIREMENTS (Religious Worker)

In an EB4 green card petition for religious workers, the person would need to show that (1) the person has a membership in a religious denomination (that has a non-profit organization in the United States) and worked as a minister or in a qualified non-minister vocation or occupation for at least 2 years immediately prior to filing the petition, (2) a job offer for a compensated full-time position as a minister or a qualified non-minister vocation or occupation, and (3) the U.S. employer must be a (or affiliated to a) IRC §501(c)(3) nonprofit organization in the United States.

The following sections consist of a brief summary on each requirement and the documents that are generally used as evidence to satisfy that requirement.

Membership in Religious Denomination

A member of a religious denomination (that has a bona fide non-profit religious organization in the United States) for at least 2 years immediately prior to filing the EB4 green card petition

The person must have been a member of a religious denomination throughout the 2 years that immediately precedes the date of filing the EB4 green card petition and the religious denomination must have a religious non-profit organization in the United States.

Religious Denomination

A religious denomination under the EB4 green card petition is a religious group that is governed under a common type of ecclesiastical government and includes at least a common (1) creed or statement of faith, (2) form of worship, (3) formal code of discipline and doctrine, (4) religious ceremonies and services, (5) established places of worship or congregations, or (6) comparable sign of a bona fide religious denomination.

In other words, a religious denomination is a subgroup under a religion that has a common name, tradition, and identity. For example, under the religion of Christianity, there are religious denominations such as roman catholic, eastern orthodox, evangelical…etc.

Documents to Prepare (Membership in Religious Denomination)

Commonly used documents to prove that a person had a membership in a religious denomination under an EB4 green card petition includes but is not limited to:

Letters from persons (who have first-hand knowledge regarding the membership) of the religious organization, which includes the religious organization’s name, membership dates, service attendance frequency
Baptismal records
Proof of confirmation
Participation certificates
Awards or titles given by the organization or denomination
Letter(s) of membership
Attendance records

Tax-Exempt Non-Profit Religious Organization or Affiliate

The U.S. employer is either a non-profit religious organization in the United States or a non-profit religious organization affiliated with a religious denomination in the United States

The U.S. employer under the EB4 green card petition can be (1) a non-profit religious organization in the United States, (2) a religious organization authorized by a group tax exemption holder to use its IRC §501(c)(3) tax exemption, or (3) a non-profit religious organization that is affiliated with a religious denomination in the United States.

Documents to Prepare (Tax-Exempt Non-Profit Religious Organization or Affiliate)

Commonly used documents to prove that the U.S. employer has a current and valid tax-exempt status under an EB4 green card petition includes but is not limited to:

[Individual]IRS 501(c)(3) tax-exempt determination letter
[Group] IRS group tax-exemption determination letter
[Affiliate] When the organization is affiliated with the religious denomination, the following documentation is needed:

(a) IRS determination letter of the organization’s tax-exempt status

(b) Documentation showing the organization’s nature and purpose is religious

(d) A religious denomination certification stating the organization is affiliated with the religious denomination

Full-Time Compensated Job Offer

The job offered in the United States is a compensated full-time position

The job offered to the person under the EB4 green card petition must be a compensated full-time position which means voluntary work cannot qualify. Compensation can be salaried or unsalaried (e.g., room and board). Full-time requires at least 35 hours per week on average.

Documents to Prepare (Full-Time Compensated Job Offer)

Commonly used documents to prove that the U.S. employer is able to offer a full-time compensated job under an EB4 green card petition includes but is not limited to:

Verifiable documentation showing how the organization will compensate the religious worker either in a monetary (i.e. cash) or in-kind (e.g. goods, services) form
IRS documentation must be provided (certified tax returns, W2)
If there are no IRS documents available, an explanation and comparable verifiable documentation must be provided
Documents that show past compensation to similar job position(s)
Documentation of budgets that show cash set aside for compensation (e.g., salaries, leases), such as audited financial statements, bank statements, pay stubs, canceled checks
Verifiable documents that show room and board, such as lease agreements, deeds or titles of the person’s housing location, photos
Other documents that show compensation to the person (e.g., medical coverage, transportation costs)

Minister or Religious Vocation/Occupation

The person will work as a minister in the religious denomination, or in a religious vocation or religious occupation

The job offered to the person under the EB4 green card petition must be a minister position, or a non-minister religious vocation or occupation. A minister under the EB4 green card petition cannot be a lay preacher and must be fully authorized or trained by the religious denomination to perform religious worship and other duties that are normally performed by members of the clergy. A non-minister religious vocation under the EB4 green card petition is where a person has a calling or devotion to take on a religious lifestyle that is created by making a lifelong commitment with vows or ceremonies required by the religious denomination such as nuns and monks. A non-minister religious occupation under the EB4 green card petition must be recognized as a religious occupation in the religious denomination and must engage in activity devoted to traditional religious functions that involve inculcating or carrying out the denomination’s religious beliefs and creeds.

General Documents to Prepare for Religious Job Offer

Commonly used documents to prove that the job offered is for a full-time minister position or a religious vocation/occupation under an EB4 green card petition includes but is not limited to:

Letter from an authorized representative of the U.S. employer should include:

Job title
Specific job duties, number of hours per week spent on each duty, and the specific location(s) of where each duty will be performed
A daily and weekly schedule of the job offered
Explanation of whether the U.S. employer always had a minister or staff to perform the person’s job duties (if not, then it should include what created a need for the person’s services)

Minister Job Offer

Ministers under the EB4 green card petition must be fully authorized or trained by the religious denomination to perform religious worship and other duties that are normally performed by members of the clergy. For example, administering sacraments (religious ritual or ceremony) such as baptism, eucharist. The activities performed must have a rational relationship to the religious calling of the minister, however, incidental duties (e.g., administrative duties) can be included.

The minister here cannot be a lay preacher (not ordained) and usually is required by the religious denomination to have some form of training, certification of ordination, license, or other documentation from accredited theology institutions. Examples of ministers under the EB4 green card petition are priests, pastors, rabbis, deacons, buddhist monks, imam…etc.

Additional Documents to Prepare for Ministers

Commonly used documents to prove that the job offered is for a minister position under a EB4 green card petition includes but is not limited to:

The person’s certificate of ordination, or other comparable documents that show the person is accepted as a qualified minister under the religious denomination
Completion of any course of prescribed theological education at an accredited theological institution that is usually required or recognized by the religious denomination

o Academic transcripts, curriculum, syllabus

o Documents that show the theological institution is accredited by the religious denomination

When no prescribed theological education is required, provide:

o Ordination requirements of a minister in the religious denomination

o List of the duties that are allowed to be performed after ordination

o Levels of ordination in the religious denomination

o Documents that show the person has completed the ordination requirements of the religious denomination

Religious Vocation Job Offer

Religious vocation under the EB4 green card petition is a calling or devotion to take on a religious lifestyle created by making a lifelong commitment with vows or ceremonies required by the religious denomination. The religious denomination must have a class of members dedicating their life to religious functions and practices as compared to their secular members. For example, nuns, monks, religious sister or brother…etc.

Additional Documents to Prepare for Religious Vocations

Commonly used documents to prove that the job offered is for a non-minister religious vocation under an EB4 green card petition includes but is not limited to:

Documents that show the person through vows, ceremonies, investitures made a formal lifetime commitment to take on a religious lifestyle

Documents that show the religious denomination having a class of members dedicating their life to religious functions and practices

Detailed explanation and documentation that show the membership requirements of the religious vocation in the organization (it should include the various membership stages and the dates of the person in each stage)

Religious Occupation Job Offer

Religious occupation under the EB4 green card petition is an occupation that is engaged in activity devoted to traditional religious functions which must involve inculcating or carrying out the denomination’s religious beliefs and creeds. It must also be recognized as a religious occupation in the religious denomination. Some examples of non-minister religious occupations are missionaries, cantors, liturgical workers, religious instructors, religious counselors, catechist, religious broadcasters, religious translators, workers in religious healthcare facilities or religious hospitals.

Administrative or supporting jobs performing nonreligious functions that are not directly involved in spreading the religious denomination’s teachings do not qualify for a religious occupation under the EB4 green card petition. For example, receptionists, clerical personnel, fundraising staff, singers, or maintenance workers are not qualified as non-minister religious job occupations. Volunteers are also not included.

Additional Documents to Prepare for Religious Occupations

Commonly used documents to prove that the job offered is for a non-minister religious occupation under an EB4 green card petition includes but is not limited to:

Detailed description of the denomination’s requirements for the job offered and how the person meets those requirements
Documents that show the person meets the denomination’s requirements for the job offered (it should include academic degree, transcripts, certificates)
Bylaws, manuals, guidebooks, brochures, or other documents that show the denomination’s requirements for the job offered
Letter from the principal or superior of the religious denomination in the United States (it should explain the reasons why the job offered qualifies as a traditional religious function)
Bylaws, constitution, historic statements of faith, or other documents that show the job offered is a religious occupation under the denomination

2-Year Past Religious Work Experience

The person must have worked in one of the required job positions for at least 2 years continuously immediately prior to filing the EB4 green card petition

The person must have worked as a religious worker continuously for at least 2 years immediately prior to filing the EB4 green card petition. The person’s prior religious work experience must be after the age of 14 years old and it can be done either overseas or in the United States. The specific job duties of the past religious work do not need to be exactly the same as the job duties that are proposed in the EB4 green card petition.

For the 2 year period that immediately precedes the filing date of the EB4 green card petition, the person must have worked continuously throughout those 2 years as a religious worker unless (1) the person was still employed as a religious worker and remained a member of the religious denomination, (2) the break was for further religious training or sabbatical, and (3) the break was not over 2 years.

Documents to Prepare (2-Year Past Religious Work Experience)

Commonly used documents to prove that the person has the required 2 year past religious work experience under an EB4 green card petition includes but is not limited to:

Work experience letters from authorized representatives of former and current employers (who have first-hand knowledge regarding the person’s work experience) should include:

Employer’s name

Job title

Specific employment dates

Specific job duties

Number of hours worked per week

Specific work locations and period of time spent at each location

Any period of breaks from work and its reasons

The amount, rate and form of compensation

Documents for past religious employment in the United States:

Documents that show salaried (cash) compensation, such as W2s, certified copies of filed income tax returns, or other documentation to show compensation for the religious work
Documents that show non-salaried (non-cash) compensation, such as IRS documentation of the non-salaried compensation or verifiable documents of all financial support (e.g., room and board, stipends, allowances)
If there are no IRS documents available, an explanation must be given and comparable verifiable documentation will need to be submitted
If no compensation was given for the past employment in the United States, documents showing how the religious worker was able to maintain the self-support needs to be provided:

o Audited financial statements, financial institution records, bank account statements, brokerage account statement, trust documents signed by an attorney, or any other verifiable evidence

Documents for past religious employment overseas (outside the United States):

If the past experience required was gained abroad, then comparable evidence of the religious work is required

CONCLUSION (TLDR)

The overall emphasis on the documents and requirements of an EB4 green card petition is that the person must have worked continuously in a religious position throughout the 2-year period immediately preceding the date filing the EB4 green card petition. For persons already in the R1 visa status (temporary religious work visa), transitioning into the EB4 green card is usually a smooth process due to how similar the visa requirements are and that the documents associated with the R1 visa status are in general considered more easily verifiable and trusted by the USCIS.

The requirements for an EB4 green card petition may seem straightforward and simple at first glance, however, with further examination it becomes tricky when figuring out whether the person actually has the qualified 2-year religious work experience or whether the documents of the religious organization submitted are up to the evidentiary standards of the EB4 green card petition. It is common practice and strongly encouraged to obtain an attorney for employment-based green card petitions.

Alternatives to the EB4 Green Card Petition (Religious Worker)

Other alternative employment-based green card petitions are for workers in different fields and usually require a higher standard in eligibility than the EB4 green card petitions, however, these are still possible alternatives if the religious worker’s qualifications do not fit the EB4 green card petition just yet.

Other alternative employment-based green card petitions can include: (1) EB1 green cards (science, business, arts, athletics, educations, outstanding professors or researchers, multinational executives or managers), (2) EB2 green cards (advanced degree, science, business, art), (3) EB2 green cards under Schedule A Group II (performing arts, science, arts), (4) EB2 green cards filed with a National Interest Waiver (EB2 NIW), (5) EB2 green cards filed with a Physician’s National Interest Waiver (EB2 PNIW), (6) EB3 green cards (professional, skilled workers, unskilled workers), (7) EB3 green cards under Schedule A Group I (professional nurse, physical therapist) and (8) EB5 green card (investor).

Closer Alternatives

The closest immigrant visa (green card) alternative to the EB4 green card petition for religious workers would be the EB3 green card petitions (Professional, Skilled, Unskilled Workers). The EB3 green card petition are for 3 groups of workers: professional workers, skilled workers, and other unskilled workers. Professional workers under the EB3 green card petition are required to be a member of a profession with at least a bachelor’s degree (or its foreign equivalent) and a job offer that requires a bachelor’s degree. Skilled workers under the EB3 green card petition are required to have qualifications to perform a job that requires at least 2 years of training or work experience. Other workers under the EB3 green card petition are only required to be able to perform an unskilled job that requires less than 2 years of training or work experience.

Unlike the EB4 green card petitions for religious workers, all EB3 green card petitions require a sponsoring U.S. employer and a PERM Labor Certification. One exception for the PERM labor certificate requirement to be waived is if the occupation falls under Schedule A. Schedule A Group I occupations that include physical therapists and professional nurses are more commonly used for EB3 green card petitions.

Further Alternatives

The EB1 green card petitions require the highest standards in eligibility. There are three subcategories under the EB1 green card (1) persons who are nationally or internationally recognized for their extraordinary ability in the sciences, arts, education, business, or athletics (EB1a green card), (2) professors or researchers who are internationally recognized as outstanding in their academic field (EB1b green card), or (3) executives or managers of multinational companies (EB1c green card). EB1 green card petitions do not require a PERM labor certification and the EB1a green card subcategory (for aliens of extraordinary ability) does not even require a specific U.S. employer for the petition just proof that the person will continue to work in their field of expertise.

The EB2 advanced degree green cards are for persons who have at least a master’s degree (or a bachelor’s degree and 5 years of post-college progressive work experience) and have a job offer for a position that requires that specific type of degree. The EB2 exceptional ability green card is for persons who have exceptional ability in the sciences, arts, or business. The Schedule A Group II EB2 green cards are for persons who have exceptional ability in the performing arts, sciences, or arts. A national interest waiver can be filed with an EB2 green card petition when the person qualifies for an EB2 green card and is also qualified in being able to make contributions that substantially benefit the United States as a nation. A physician’s national interest waiver can be filed with an EB2 green card petition for certain doctors who agrees to provide healthcare services in certain U.S. government-designated facilities or medical personnel shortage areas. The EB5 green card is for foreign investors who put a certain amount of capital (money) into a U.S. business.

HAVE A EB4 GREEN CARD IMMIGRATION QUESTION? CONTACT US

If you have an EB4 green card (Religious Workers) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.

How we can help?

Kylie Huang Law’s immigration attorney will help identify whether the EB4 green card is the appropriate immigrant visa category for the client’s (or the client’s beneficiary’s) professional background. We will work closely with our client to prepare a convincing case for their (or it’s) EB4 green card petition and we will also strategize on how the EB4 green card petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for an EB4 green card petition (religious worker green card) due to the complexities in the immigration process and visa requirements.

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