An EB-4 Visa is meant for a foreign national who is coming to the United States permanently to be employed as a minister or in another religious vocation or occupation full-time (average of at least 35 hours per week) by a religious organization in the United States. The foreign national must have been 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 preceding the filing of the petition.
COMMON QUESTIONS AND ANSWERS
I’m not a minister, what is considered a “religious vocation or occupation” under EB-4?
There are three factors that must be met for a position to be considered a religious vocation or occupation. (1) The position must: primarily relate to a traditional religious function, (2) be recognized as a religious occupation within the denomination, and (3) be primarily related to and clearly involve, inculcating or carrying out the religious creed and beliefs of the denomination. Workers must be authorized to perform normal religious duties, while not actually serving as part of the clergy. Examples include liturgical workers, religious instructors, counselors, cantors, catechists, workers in religious hospitals or heath care facilities, missionaries, religious translators, broadcasters, singers, or volunteers. Specifically excluded are receptionists, janitors, clerks, fundraisers or persons involved solely in solicitation of donations. receptionists or clerical staff, fundraising and development staff, or even singers.
What types of “religious organizations” can sponsor an EB-4 visa?
The sponsoring religious organization must be: (1) a nonprofit religious organization in the United States, (2) a religious organization that is authorized by a group tax exemption holder to use its group tax exemption, or (3) a nonprofit religious organization which is affiliated with a religious denomination in the United States.
Can my spouse and children come with me on my EB-4 visa?
Yes, spouses and children under the age of 21 may accompany, follow to join the principal religious worker to the United States or adjust status in the United States. As green card holders, spouses and children can work in the United States.
How long can I stay on Eb-4 status?
As a green card holder, you can stay permanently in the United States as long as you maintain your permanent resident status. You can apply for Naturalization after you have been a permanent resident for 5 years.
Will my children be allowed to stay in the United States?
Minor children (under age 21), who are unmarried, may apply for an EW-5 (child of an “other worker”) visa or EW5 (child of an “other worker”) visa, which would allow them to reside in the United States.
What if I have more questions on an EB-4 visas?
Please feel free to contact us for a free initial consultation. We would be happy to answer any questions regarding EB-4 that you may have.