RELIGIOUS WORKERS
|
FREE NEWSLETTER
|
|
Learn how to benefit from United States immigration
laws and procedures from a former INS Attorney (1976-82) with over
30 years of experience.
SHUSTERMAN'S
IMMIGRATION UPDATE is must reading for potential
immigrants, employers, human resources managers,
immigration attorneys, reporters and policy makers.
Join over 55,000 persons in more than 150 countries
in subscribing to our FREE monthly e-mail newsletter.
|
|
The Immigration and Nationality Act provides two categories of visas for
religious workers, one for temporary or nonimmigrant "R" status and one
for legal permanent resident or immigrant "SD" status in the United
States. This article concerns the requirements and application procedures
for the immigrant "SD" visa. This status is under the fourth preference
special immigrant category.
DEFINITIONS OF RELIGIOUS WORKERS
Religious workers include ministers of religion who are authorized by a
recognized denomination to conduct religious worship and perform other
duties usually performed by members of the clergy such as administering
the sacraments, or their equivalent. The term does not apply to lay
preachers. Religious vocation means a calling to religious life,
evidenced by the demonstration of a lifelong commitment, such as taking
of vows. Examples include nuns, monks, and religious brothers and
sisters. Religious occupation means a habitual engagement in an
activity which relates to a traditional religious function. Examples
include liturgical workers, religious instructors or cantors,
catechists, workers in religious hospitals, missionaries, religious
translators, or religious broadcasters. It does not include janitors,
maintenance workers, clerks, fund raisers, solicitors of donations, or
similar occupations. The activity of a lay-person who will be engaged
in a religious occupation must relate to a traditional religious
function. The activity must embody the tenets of the religion and have
religious significance, relating primarily, if not exclusively, to
matters of the spirit as they apply to the religion.
BACKGROUND REQUIREMENTS
Criteria
A religious worker is a person who for the past two years has been a
member of a religious denomination which has a bona fide nonprofit,
religious organization in the United States; and who has been carrying
on the vocation, professional work, or other work described below,
continuously for the past two years; and seeks to enter the U.S. to
work solely:
- As a minister of that denomination; or
- In a professional capacity in a religious vocation or occupation for
that organization; or
- In a religious vocation or occupation for the organization or its
nonprofit affiliate.
Petition
Any person, including the applicant, can file a Form I-360 petition with
the U.S. Citizenship and Immigration Service (CIS) for a person who
meets the religious worker criteria. After the petition is approved by the
CIS, the applicant will be sent instructions on how to apply for a fourth
preference special immigrant visa for religious workers.
Additional Documentation
The I-360 petition must be accompanied by:
A letter from the authorized official of the religious organization
establishing that the proposed services and applicant qualify as listed
above;
A letter from the authorized official of the religious organization
attesting to the applicant's membership in the religious denomination
and explaining, in detail, the person's religious work and all
employment during the past two years, and for the proposed employment;
and
Evidence establishing that the religious organization, and any
affiliate which will employ the person, is a bona fide nonprofit
religious organization in the U.S. and is exempt from taxation under
Section 501(c)(3) of the Internal Revenue Code of 1986.
VISA INELIGIBILITY/WAIVER
The immigration laws of the United States, in order to protect the
health, welfare, and security of the United States, prohibit the
issuance of a visa to certain applicants. Examples of applicants who
must be refused visas are those who: have a communicable disease such
as tuberculosis, or have a dangerous physical and mental disorder, or
are drug addicts; have committed serious criminal acts; are
terrorists, subversives, members of a totalitarian party, or former Nazi
war criminals; have used illegal means to enter the United States; or
are ineligible for citizenship. Some former exchange visitors must live
abroad for 2 years. If found to be ineligible, the consular officer
will then advise the applicant if the law provides for some form of
waiver.
OTHER IMPORTANT DOCUMENTATION
Documents for Visa Application
All applicants must submit certain personal documents such as passports,
birth certificates, police certificates, and other civil documents, as
well as evidence that they will not become public charges in the United
States. The U.S. consular office will inform visa applicants of the
documents needed as their applications are processed.
Medical Examinations
Before the issuance of an immigrant visa, every applicant, regardless of
age, must undergo a medical examination. The examination will be
conducted by a doctor designated by the consular officer. The applicant
must pay for the examination.
Numerical Limitations
Whenever there are more qualified applicants for a category than there
are available numbers, the category will be considered oversubscribed,
and immigrant visas will be issued in the chronological order in which
the petitions were filed until the numerical limit for the category is
reached. The filing date of a petition becomes the applicant's priority
date. Immigrant visas cannot be issued until an applicant's priority
date is reached. In certain heavily oversubscribed categories, there
may be a waiting period of several years before a priority date is
reached.
Family Members
An immigrant religious worker's spouse and unmarried children under 21
years of age may be granted derivative immigration status.
Return to Special Categories of Immigrants
Schedule A Legal Consultation
Return to Immigration Guide Homepage
