Ministers and non-ministers in religious vocations and occupations may immigrate to or adjust status in the U.S. for the purpose of performing religious work in a full-time compensated position. A special immigrant religious worker is an alien who is coming to the United States to work full time (an average of at least 35 hours per week) in a compensated position as a minister or in a religious vocation or occupation.
Coming to the United States to work full time (average of at least 35 hours per week) in a compensated position
Working as a minister or in a religious vocation or occupation
Employed by a non-profit religious organization in the United States, or a religious organization authorized by a group tax exemption holder, or a non-profit organization affiliated with a religious denomination
Have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before filing the petition
Have been working in one of the qualifying positions continuously for at least two years immediately before filing
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Regulatory Criteria
Full-Time Compensated Position Requirement
Unlike the R-1 nonimmigrant classification, special immigrant religious workers must work full time (an average of at least 35 hours per week) in a compensated position.
Examples
Full-time work: average of at least 35 hours per week
Position must be compensated (salaried or non-salaried)
Contrast with R-1 which requires only 20 hours per week minimum
Two-Year Membership and Work Experience Requirements
You must have been a member of the religious denomination for at least two years and have been working in a qualifying position continuously for at least two years immediately before filing.
Examples
Member of religious denomination for at least two years immediately before filing
Working in qualifying position continuously for at least two years immediately before filing
Prior religious work does not need to correspond to the position offered
Break in continuous work permitted if: still employed as religious worker, break did not exceed two years, and break was for further religious training or sabbatical
Proof of Tax-Exempt Status
The petitioner must provide evidence of the organization's tax-exempt status. The type of evidence required depends on how the organization obtained its tax exemption.
Examples
Currently valid IRS 501(c)(3) determination letter for organizations with individual tax exemption
IRS group tax-exemption determination letter and documentation that organization is covered under the group exemption
Letter from parent organization authorizing use of group tax exemption
Directory or membership listing confirming coverage under group exemption
If organization is affiliated with denomination: determination letter, documentation of religious nature and purpose, and religious denomination certification
Proof of Compensation
The petitioner must submit verifiable evidence showing how the prospective employer intends to compensate the religious worker, including specific monetary or in-kind compensation.
Examples
Past evidence of compensation for similar positions
Budgets showing monies set aside for salaries, or leases
Evidence that employer will provide room and board
W-2 form or certified tax returns
If IRS documents not available: explanation and comparable, verifiable documentation
Minister Qualifications
If the religious worker will work as a minister, the petitioner must provide specific documentation regarding ordination and theological education.
Examples
Copy of the religious worker's certificate of ordination or similar documents
Documents showing the religious denomination accepted the worker's qualification as a minister
Evidence of completion of prescribed theological education at an accredited theological institution
Transcripts, curriculum, and documentation that the theological institution is accredited by the denomination
If denomination does not require prescribed education: denomination's requirements for ordination, list of duties, levels of ordination, and evidence requirements were completed
Proof of Previous Religious Work
The petitioner must provide evidence of the worker's previous two years of religious work, whether performed in the United States or abroad.
Examples
For salaried U.S. work: Form W-2 or certified copies of filed income tax returns
For non-salaried U.S. work: IRS documentation or explanation with comparable verifiable documentation
For self-supporting workers: audited financial statements, bank records, brokerage account statements, trust documents
For work abroad: comparable evidence of the religious work
On-Site Inspections
USCIS may conduct on-site inspections of the petitioning organization either before or after a final decision is made on the petition.
Examples
Inspections may occur before or after a final decision on the petition
Satisfactory completion of pre-approval inspection is a condition for approval
Organization must provide physical address where beneficiary will work
Pre-adjudication compliance review site visits may delay expedite requests
Non-Minister Sunset Date
The EB-4 non-minister special immigrant religious worker program has been extended through January 30, 2026. Special immigrants entering solely to carry on the vocation of a minister are not affected by the sunset date.
Examples
Non-minister religious workers program extended through January 30, 2026
Non-minister workers include those in religious vocation or occupation in professional or non-professional capacity
Ministers and their accompanying spouses and children are not affected by the sunset date
Program may be extended further by Congress
03
Application Process
File Form I-360
U.S. employer or worker files Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
Tax-Exempt Evidence
Submit proof of organization's tax-exempt status.
Compensation Evidence
Provide verifiable evidence of how worker will be compensated.
Membership & Work Evidence
Show two years of denominational membership and continuous work.
USCIS Review
USCIS reviews petition; may conduct on-site inspection.
I-485 or Consular
If in U.S., file Form I-485 to adjust status; if abroad, consular processing.
Green Card
Receive permanent resident status upon approval.
04
Key Benefits
Permanent residence (Green Card) for religious workers
Full-time compensated religious work in the United States
Spouse and children may accompany as immigrants
No annual numerical limit for ministers
Path to U.S. citizenship after 5 years
05
Documents Needed
Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
Currently valid IRS tax-exempt determination letter
Evidence of compensation (budgets, W-2s, tax returns, room and board documentation)
Evidence of two years of denominational membership
Evidence of two years of continuous religious work
Certificate of ordination or similar documents (for ministers)
Evidence of theological education (transcripts, curriculum, accreditation)
Form W-2 or tax returns showing previous employment
Physical address where beneficiary will work
Religious denomination certification (for affiliated organizations)
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Frequently Asked Questions
What is the difference between R-1 and EB-4 religious workers?
R-1 is a temporary (nonimmigrant) classification requiring at least 20 hours per week of work. EB-4 is for permanent residence (immigrant) requiring full-time work of at least 35 hours per week in a compensated position. Both require two years of denominational membership and qualifying work experience.
What is the sunset date for non-minister religious workers?
The EB-4 non-minister special immigrant religious worker program has been extended through January 30, 2026. Non-minister workers must immigrate or adjust to permanent resident by that date. Ministers and their accompanying spouses and children are not affected by the sunset date.
What is the two-year work experience requirement?
You must have been working in a qualifying religious position continuously for at least two years immediately before filing the petition. A break is permitted if you were still employed as a religious worker, the break did not exceed two years, and it was for further religious training or sabbatical.
Can I file the I-360 petition myself?
Yes. Unlike many employment-based immigration categories, you may file Form I-360 on your own behalf, or the U.S. employer may file on your behalf.
Can USCIS inspect the work location?
Yes. USCIS may conduct on-site inspections of the petitioning organization either before or after a final decision on the petition. Satisfactory completion of a pre-approval inspection is a condition for approval.
Can my family immigrate with me?
Yes. Your spouse and unmarried children under 21 may accompany you as immigrants. For ministers, family members are not affected by the sunset date.
Fees are estimates and may change. Contact us for a quote for your specific case.
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