The EB-4 Special Immigrant Religious Workers Visa

The Immigration and Nationality Act provides five visa classifications for employment-based immigration.  Most foreign workers are familiar with the EB-1 (extraordinary ability aliens, multinational managers, outstanding researchers/professors), EB-2 (persons with advanced degrees or exceptional ability) and the EB-3 (bachelor degree holders, skilled workers).  For certain foreign religious workers, they may also apply for U.S. permanent residence under the EB-4 visa classification, which provides immigrant visas to various groups of special immigrants.  

Special Immigrant Religious Workers

Foreign religious workers may apply for U.S. permanent residence if they meet certain legal requirements:

1) They must have been  members of a religious denomination that has a bona fide non-profit religious organization in the United States for at least 2 years immediately before the filing of an immigrant petition.

2) They must seek to enter the United States to work in a full time, compensated position in one of the four allowed occupations:
- Solely as a minister of that religious denomination,
- A religious vocation either in a professional or nonprofessional capacity,

- A religious occupation either in a professional or nonprofessional capacity, or

- Working for a bona fide non-profit religious organization in the United States.

3) They must be coming to work for either a bona fide non-profit religious organization in the United States, or a bona fide organization that is affiliated with the religious denomination in the United States.

4) Before the submission of the visa petition, they must have been working in one of the positions described above after the age of 14 continuously for at least 2 years, abroad or inside the United States. The work they performed can be different from the work that they plan to perform in the United States.

The work did not have to be continuous if the the foreign national was still employed as a religious worker at the time of application. Further, any break must not have exceeded two years, and the nature of the break was for religious training or for sabbatical. The foreign national must also have been a member of the petitioner’s denomination throughout the two years of qualifying employment.

Required Documentation

Generally, a qualified U.S. employer must file the Form I-360 to request special immigrant religious worker classification. However, a religious worker may also file a self-petition if all requirements are met. Extensive documents are required for special immigrant religious worker petitions.  

The petitioning religious organization must provide proof of tax-exempt status (e.g., IRS 501(c)(3) letter or similar IRS tax-exemption letter); documents explaining the religious nature and purpose of the organization; a religious denomination certification; proof of salaried or non-salaried compensation; documents showing compensation for similar positions in the past; budget reports showing the payment of such salaries,; and evidence showing that room and board will be provided to the religious worker; IRS Form W-2 or certified tax returns, etc. 

The religious worker must provide proof that the religious worker is a member of the religious organization or denomination that has a bona fide non-profit religious organization in the United States for at least 2 years immediately before the filing of Form I-360. 

There must also be proof that  the religious worker is qualified to perform the duties of the offered position. For example, for ministers, the religious worker’s certificate of ordination or similar documents, or documents showing acceptance of the religious worker’s qualification as a minister in the religious denomination.  Further, proof of completion of any required theological education at an accredited theological institution should be submitted. If a theological education is not required,  the religious denomination’s requirements for ordination to minister, a list of duties performed by virtue of ordination, and evidence that the religious worker's completion of the requirements must be provided.

Finally, proof of the religious worker's previous religious work must also be provided.  In addition to official certification, evidence of compensation including W-2 salary statements, income tax returns, or other IRS documents must be provided.  If the worker was not compensated before, provide documents to show that there was other financial support.  For overseas employment, comparable evidence of the religious work must also be provided.

Revocation of VAWA-Based Self-Petitions

On December 15, 2010, the USCIS issued a policy memorandum on revocation of
VAWA-Based Self-Petitions (Forms I-360).  The policy memo provides policy
guidelines which the Vermont Service Center and the field offices must follow in
revoking a VAWA self petition.

The Violence Against Women Act (VAWA) was a law passed by U.S. Congress in 1994 to allocate resources to investigate and prosecute cases of violence against women.  In the immigration context, victims of violence may also file self-petitions to obtain legal status.  In 1997, to ensure uniform and
expeditious treatment of all self-petitions filed by battered spouses and children, the former INS implemented a centralized filing procedure by having all VAWA self-petitions adjudicated at the VSC.  The reason was that the VSC adjudications officers  assigned to review VAWA petitions had received
specialized domestic violence training and have developed expertise in adjudicating these petitions.

After a self-petition is approved, the USCIS has the authority to revoke the petition based on reliable new evidence.  Again to ensure that petitions were revoked in a consistent and efficient manner, the former INS issued a policy memo in 2002 to designate the VSC as the sole office that had the authority to
issue notices of intent to revoke Form I-130.  This policy has not been consistently followed by the local offices.  Consequently, a new memo was issued by the USCIS in December to address this issue again.  In order to revoke a self-petition filed by abused spouses, children and parents of U.S. citizens or
lawful permanet residents,  the following guidelines must be followed:

(1)Request for Review of an Approved VAWA-based Form I-360: If an officer in the field intends to revoke an approved petition based on new information that was not available to the VSC at the time of the approval of a VAWA self-petition, the officer must write a memorandum to his or her Supervisory Immigration Service Officer (SISO) explaining why the VAWA self-petition should be reviewed
for possible revocation. The memorandum must state what the new information is and how USCIS obtained it.

(2) Supervisory Review and Return to VSC: If, upon review of an officer's memorandum of explanation, the SISO concurs in the officer's assessment, the SISO must sign the memorandum and forward it, with the file in question, to the VSC to the attention of the VAWA unit.

(3) VSC VAWA Supervisor Review:  A VSC VAWA unit supervisor will review the memorandum of explanation and the relating file and make a recommendation either to start revocation proceedings or to reaffirm approval of the self-petition. If the VSC supervisor decides not to revoke the petition, he or she  must write a memorandum explaining why the self-petition was not revoked. This memorandum
will be returned to the field with the file. The VSC is expected to complete its review process on an expedited basis.

(4) Use of Information:  DHS employees are prohibited by law from making an adverse determination of admissibility or deportability of an alien using information provided solely by an abusive spouse, an abuse parent, or a member of the same household if the spouse or parent of the alien consented to or
acquiesced in such battery or cruelty.  Any adverse information received by USCIS from a self-petitioner's U.S. citizen or lawful permanent resident spouse or parent, or from relatives of that spouse or parent, must be independently corroborated by an unrelated source before USCIS may rely on that information.  DHS employees are also prohibited from using or disclosing to others of any
information that relates to VAWA self-petitioner except for official business.