EB-4 Immigrant Visa for Religious Workers and Special Immigrants

The EB-4 immigrant visa is specified as an employment-based green card for special immigrant religious workers. It is generally intended for members of a non-profit religious denomination in the United States, however, the category can cover a broad range of applicants including broadcasters, Iraqi and Afghan translators, members of Armed Forces, and more. The Pollak Travel Nation team simplifies the entire process so you don’t have to worry about the small details. Schedule a consultation and unlock the full potential of hiring foreign workers for your business.

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What is EB-4 Visa For?

Employment Sponsored Visas are limited to 140,000 per year and their allocation is split among five visas, resulting in long processing times. Of this 140,000 visa cap, 7.1% are allocated to EB-4 visas. After a year’s limit is reached, the rest of the applications wait for their turn in subsequent years.

The EB-4 visa is a type of employment-based visa that allows access to certain special immigrant groups. These categories include:

Religious Workers: Individuals who are coming to the U.S. to work in a religious vocation or occupation, such as ministers, priests, or other religious workers.
Special Immigrant Juveniles: Children who have been abused, abandoned, or neglected, and who cannot be reunited with their parents, and are therefore eligible for certain benefits under U.S. immigration law.
Broadcasters: Individuals who work in the U.S. media industry, including radio and television broadcasters, who are coming to the U.S. to work in their field.
Iraqis and Afghans who worked for the U.S. government: Individuals who have worked for the U.S. government in Iraq or Afghanistan as translators, interpreters, or in other capacities, and who are therefore eligible for special consideration for a visa.
International employees of the U.S. government: Individuals who are employed by the U.S. government outside of the U.S., and who are coming to the U.S. to continue their employment.
Other special immigrant categories: This includes a range of other categories, including retired NATO-6 employees, certain physicians, and others.

EB-4 Visa Requirements

The requirements differ for each EB-4 Visa applicant due to the number of eligible participants, but the general requirements include:

The petition must be filed on Form I-360 with supplementary documentation
The petitioner is able to file without an employer

Employers must also be able to demonstrate that they have the financial stability to be able to employ these workers. If they cannot do so, they will not be eligible to hire this foreign talent.

Form I-360 Explained

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant is a form that is used to initiate the EB-4 visa application process. In the context of EB-4, the I-360 is designed for special immigrants. Due to the multi-application of the form, you will not have to fill out every section of it. For example, if you are applying as a religious worker, then you would leave several other sections, like the one for broadcasters, empty.

How to Apply for the EB-4 Visa

The application process, although similar because all EB-4 applicants must submit the I-360, is also considerably different depending on your category. Generally, all applicants will have to:

Show proof of employment that is relevant to their EB-4 category;
Might have to meet certain employment timeframes (ex. be employed at least for 2 years with the organization);
Submit relevant evidence that once again will be highly specific to your EB-4 category;
Your workplace might be inspected by the USCIS; and
Many other requirements.

The EB-4 visa is highly complex due to its all-encompassing nature. While some applicants are subject to one requirement, other applicants will have completely different requirements. On many occasions, the process may even differ on a case-by-case basis within the same EB-4 category.

How to Apply for the EB-4 Visa

The application process, although similar because all EB-4 applicants must submit the I-360, is also considerably different depending on your category. Generally, all applicants will have to:

Show proof of employment that is relevant to their EB-4 category;
Might have to meet certain employment timeframes (ex. be employed at least for 2 years with the organization);
Submit relevant evidence that once again will be highly specific to your EB-4 category;
Your workplace might be inspected by the USCIS; and
Many other requirements.

EB-4 Religious Worker Requirements

For applicants wanting to file under the EB-4 religious worker’s category, it mandates precise requirements and qualifications in order to be eligible.

Must have been a worker for the religious denomination for a minimum of two years.

The applicant is required to be entering the United States as:

A priest or minister of a religious denomination
A professional or nonprofessional religious occupation. This also includes religious vocation which is a calling/devotion to a religious lifestyle. The applicant must have taken vows and devoted him/herself to a specific religious tradition.

EB-4 Religious Worker Application Procedure

Employer is required to submit form I-360 to the USCIS.
A PERM is not required for the EB-4 religious workers, however, the applicant must provide evidence of the religious organization.
The applicant is required to submit proof that the religious organization is a non-profit organization.
The applicant is obligated to obtain a letter from a superior within the religious organization in the United States.

EB-4 Religious Worker Letter

On many occasions, foreigners that are applying for the EB-4 visa under the religious worker category will require a worker letter. Below is more detailed information about it:

The letter must provide evidence that the applicant has been a member of the organization for a minimum of two years. It should also demonstrate that you have had at least two years of religious occupation/ vocation experience.
If the applicant is a minister, the letter is obligated to provide proof of authorization and the duties entailed with the occupation.
If the applicant is a religious professional, he/she must have a bachelor’s degree for the EB-4 religious worker occupation. The professional must also have a letter stating the applicant’s U.S. bachelor’s degree or its foreign equivalent. It is mandatory to submit an official transcript or academic record.
If the applicant is seeking religious employment in the United States, the letter is obligated to provide proof of the applicant’s qualifications for the religious occupation/vocation.
If the applicant intends to work with a religious organization in the United States but as a non-professional or non-ministerial, the letter is meant to demonstrate how the organization is associated with the religious denomination.
The applicant’s letter must explain at length, the duties of the minister or the wages the applicant is expected to receive while working as a professional or other religious occupation. The letter should explain that the applicant will not rely on a secondary occupation or charity for financial support.

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