Immigration Q & A: How can a religious worker file to live and work in the United States?

Q: How can a religious worker file to live and work in the United States?

Answer: A religious worker or a U.S. employer would need to file an I-360 form to receive an EB-4 visa for special immigrant religious worker. The U.S. employer would be an established non-profit organization of a recognized religious denomination. Both the religious worker and the organization would have to fulfill certain requirements.

The foreign worker to qualify, as a religious worker would have to prove that:

  1. Been a member of a religious denomination that has a bona fide non-profit organization in the United States at least 2 years prior to filing.
  2. Seek to enter to work in a full time, compensated position.
  3. Be coming to work for either:
    1. A bona fide non-profit religious organization in the United States; or
    2. A bona fide organization that is affiliated with the religious denomination in the United States.
  4. Having been working in a previous capacity as a religious worker abroad or legally in the United States at least 2 years prior to filing.

Further documentation would be required of both the party seeking to be a religious worker and the organization seeking to hire the party.

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Disclaimer: This article is a broad overview. This article is not legal advice and should not be taken as legal advice. This article is provided as a public service and is not intended to establish an attorney-client relationship. Any reliance on the information contained herein is taken at your own risk. The information provided in this article should never replace informed counsel when specific immigration-related guidance is needed.Â