To
be eligible for lawful permanent residence as a religious worker,
you must be a religious worker who for the past two years has been
a member of a religious denomination which has a bona fide nonprofit,
religious organization in the United States; and who has been carrying
on the vocation, professional work, or other work described below,
continuously for the past two years; and seeks to enter the U.S. to
work solely:
- As a minister or priest of that denomination;
or
- In a professional capacity in a religious
vocation or occupation for that organization; or
- In a religious vocation or occupation
for the organization or its nonprofit affiliate.
Definitions
Religious
workers include ministers of religion who are authorized by
a recognized denomination to conduct religious worship and perform
other duties usually performed by members of the clergy such
as administering the sacraments, or their equivalent. The term
does not apply to lay preachers.
Religious
vocation means a calling to religious life, evidenced by the
demonstration of a lifelong commitment, such as taking of vows.
Examples include nuns, monks, and religious brothers and sisters.
Professional
capacity
means that a U.S. baccalaureate degree or foreign equivalent
is required to do this job.
Religious
occupation means
a habitual engagement in an activity that relates to a traditional
religious function. Examples include liturgical workers, religious
instructors or cantors, catechists, workers in religious hospitals,
missionaries, religious translators, or religious broadcasters.
It does not include janitors, maintenance workers, clerks, fundraisers,
solicitors of donations, or similar occupations. The activity
of a layperson who will be engaged in a religious occupation
must relate to a traditional religious function. The activity
must embody the tenets of the religion and have religious significance,
relating primarily, if not exclusively, to matters of the spirit
as they apply to the religion.
The Process
An immigrant
(also called a "lawful permanent resident") is a foreign
national who has been granted the privilege of living and working
permanently in the United States. You must go through a multi-step
process to become an immigrant. First, the U.S. Citizenship and Immigration Services (USCIS) must approve an immigrant visa petition for you. Second,
the State Department must give you an immigrant visa number,
even if you are already in the United States. Third, if you are
already in the United States, you may apply to adjust
to permanent resident status after a visa number becomes
available. If you are outside the United States when an immigrant
visa number becomes available, you will be notified to go to the
local U.S.
Consulate to complete the processing for an immigrant
visa.
How Do I
Apply?
You or your employer can file Form
I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
with the U.S. Citizenship and Immigration Services (USCIS). The
application must be filed at the USCIS
Service Center that serves the area where you will work. A
petition for a person who is not a minister may only be filed until
October 1, 2000, and any immigrant visa issued to such person shall
not be valid beyond October 1, 2000.
The
I-360 petition must be accompanied by:
- Evidence establishing that the religious
organization, and any affiliate which will employ the person,
is a bona fide nonprofit religious organization in the U.S. and
is exempt from taxation under Section 501(c)(3) of the Internal
Revenue Code of 1986.
- A letter from an official
of the religious organization in the United States establishing that you are eligible as
listed above:
- 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 (explaining, in detail, your religious
work and all employment during the past two years).
- The letter should detail your proposed
employment.
- 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 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).
Obtaining
an Immigrant Visa Number
If
the immigrant visa petition is approved, you must wait for an immigrant
visa number to become available according to the preference
system (your visa is a fourth preference, employment-based
visa). Because the number of immigrant visa numbers that are available
each year is limited, you may not get an immigrant visa number immediately
after the immigrant visa petition is approved. For more information,
see The Preference System
and Immigrant
Visa Numbers.
My Family
Your spouse and unmarried children under 21 years of
age may accompany you in derivative immigration status. This means
that they are given immigrant visas dependent on your immigrant
status.
Checking
My Application Status
Contact the USCIS office that received your application,
and be prepared to provide specific information (see Checking
the Status of My Case).
How Can
I Appeal?
If
your petition is denied, the denial letter will tell you how to
appeal. For more information, see Appealing the Denial
of My Petition or Application.
HELP!
- For assistance in your country, contact the
nearest U.S. Consulate.
- For assistance within the U.S.,
contact your nearest
USCIS District Office or Sub Office.
This link provides telephone numbers, addresses, directions, office
hours, local filing procedures, and more.
- In the U.S., you may also call the national USCIS toll-free
information service at 1-800-375-5283.
- You
may also want to seek the advice of an immigration attorney, or
an immigrant assistance organization accredited
by the Board of Immigration Appeals.
For more information, return to: Employment
Immigration
The
information provided in this website is not legal advice and should
not be interpreted as legal advice. This website is intended to
provide a basic understanding of this information in summary form.
This information may not be comprehensive, is subject to change,
and may not apply to all individual circumstances. Any information
received here should be confirmed with the appropriate government
agencies or with an attorney, particularly as it relates to your
individual circumstances. Your use of this website indicates your
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