> Information on Work Visas

MINISTERS AND OTHER RELIGIOUS WORKERS MAY OBTAIN IMIGRANT VISAS UNDER A SPECIAL IMIGRANT CATEGORY

1) Who may apply under the Immigration Act of 1990?

The Immigration Act of 1990 eliminated the exemption from numerical limitation for religious workers, and delineated three groups within this special immigrant category. The category includes immigrants seeking to enter the United States:

* As ministers of a religious denomination;
* To work for a religious organization in a professional capacity; or
* To work for a religious organization in a religious vocation or occupation.The 1990 Act limited this special immigrant category, with respect to professional religious workers and other religious workers, to immigrants who sought to enter the United States before October 1, 1994.Congress has since extended this deadline to October 1, 2003.

2) Requirements to fulfill to obtain a Religious Worker visa

All religious workers, whether they are ministers, professionals within a religious organization, or are fulfilling a religious vocation must satisfy the following requirements:
* Membership in a religious denomination having a bona fide nonprofit, religious organization in the United States for at least two years immediately preceding the time of application for admission; and
* Carrying on a religious vocation, professional work, or other work continuously for at least that two-year period.

3) Have membership in a group of Religious Denomination

A "religious denomination'' is defined as a religious group or community of believers having some form of ecclesiastical government, a creed or statement of faith, some form of worship, a code of doctrine and discipline, religious services, established places of religious worship, and religious congregations. An inter-denominational religious organization recognized under °Ë 501(c)(3) of the Internal Revenue Code is also treated as a religious denomination.

4) The religious denomination must have Bona Fide Religious Organization in the U.S.

In addition to requiring that the alien seeking to enter as a special immigrant religious worker be a member of a religious denomination, the statute also mandates that the religious denomination have a ``bona fide nonprofit, religious organization in the United States.'' Such an organization is one that is exempt from taxation as described in °Ë 501(c)(3) of the Internal Revenue Code as it relates to religious organizations, or one that has never sought such exemption but establishes that it would be eligible if it had applied for it. Each petition for a religious worker must demonstrate that the organization meets these criteria by providing documents showing that the organization is exempt from taxation, or by providing documents required by the IRS to establish eligibility for °Ë 501(c)(3) status.

5) Who may qualify under the category of minister a minister?

In defining the term ``minister'' the statute and regulations emphasize the type of duties that have been performed and are to be performed, the continuity of such performance, and the authorization or ordainment to perform such duties. An applicant for special immigrant status as a minister must meet the following requirements:

6) Requirements to fulfill the category of minister.

* The immigrant must seek to enter the United States solely for the purpose of carrying on the vocation of minister of a religious denomination. If otherwise eligible, a minister coming to the U.S. primarily in an administrative capacity may qualify, so long as the assigned duties are primarily related to the vocation of minister.
* The immigrant must have been a minister of a religious denomination continuously for at least the two years immediately preceding the application for admission. The regulations do not require a particular means of financial support for the minister. A minister will not be disqualified if prevented from meeting this two-year requirement by circumstances beyond his or her control, e.g., confinement in a concentration camp or flight as a refugee.
* The two-year ministerial service may have been with a different religious denomination. And the applicant's ordination may have taken place at any time, no matter how recently, provided that the applicant has actually been carrying on the vocation of a minister for at least two years.
* The immigrant must have been authorized by the religious denomination to conduct religious worship and to perform other duties usually performed by authorized members of the clergy of that religion.

7) Procedure to follow to qualify as a minister.

An alien may be classified as a special immigrant minister under the employment-based visa, only if the INS has approved a petition for such classification.
* The petition is filed on Form I-360.
* The October 1, 2003 deadline for special immigrant religious workers does not apply to ministers of religion.
* Petitions for ministers must be filed at the Service Center having jurisdiction over the intended place of employment.
* The petition may be filed by an alien or by a person on behalf of the alien.
* An adjustment of status application may be accepted only after the I-360 has been approved at the Service Center

8) Required Evidence that must be submitted with the petition.

In addition to the requirements the applicant must submit evidence establishing that he or she meets the qualifications for minister of religion status, including:
* The applicant would be entering the United States solely for the purpose of carrying on the vocation of minister
* the alien must be needed for spiritual, as opposed to administrative, duties
* the ability of the denomination to pay the alien for such duties must be shown by financial evidence such as bank letters, recent audits and/or church membership and minister totals.
* Proof of ordination as a minister: the documentation on this issue should consist of a letter or other appropriate statement signed by the Principal or Superior of the religious denomination in the United States; and
* The applicant's services are needed by his or her religious denomination: factors indicating ``need'' include number of current ministers, size of the congregation, specific duties to be undertaken as related to the alien's prior experience, and a description of the way in which the denomination previously met such need.
* Two years active ministry: activities considered acceptable for fulfilling the two-year requirement include seminary study, teaching at a religious academy, spiritual/pastoral counseling, or other pastoral duties.;

9) Who may qualify as a Religious Worker other than a Minister?

The 1990 Act expanded the scope of the religious worker special immigrant category by including aliens who seek to enter the U.S. (before October 1, 2003) to work:

10) Requirmenent to satisfy to clasify as a Religios Worker other than a Minister

* at the request of a religious organization in a professional capacity in a religious vocation or occupation; or
* for the organization in a religious vocation or occupation.

11) Procedure to follow to qualify as a Religious Worker other than a Minister.

* file a Form I-360 visa petition. Unlike with ministers of religion, petitions for other religious workers
* must be filed well before September 30, 2003, so that the person can actually enter the United States by the statutory deadline of September 30 of that year.
* The petition should be filed at the Service Center having jurisdiction over the intended place of employment by the alien or by a person on behalf of the alien.
* An adjustment of status application may be accepted only after the I-360 has been approved at the Service Center.

12) Additional Evidence that must be submitted with the petition

In addition to the requirement that all special immigrant religious workers demonstrate that they are a member of a religious denomination having a bona fide nonprofit, religious organization in the United States, a petition for admission as a religious professional or ``other worker'' must be accompanied by the following evidence:
* That the alien has two years of membership in the denomination and in the religious profession or vocation immediately before the filing of the petition in the form of a letter from an authorized official of the religious organization;
* That the alien has carried on the professional work or vocation continuously for at least two years immediately preceding the admission application;
* That the alien, if seeking to enter as a religious professional, has at least a U.S. bachelor's degree or its foreign equivalent; and
* f seeking to enter as a non ministerial and nonprofessional for a religious organization affiliated with the religious denomination.That the required affiliation between the denomination and the organization exists
* In addition, the letter from an authorized official of the religious organization in the
U.S. must specify how the alien is to be paid for the professional or ``other work'' performed, and must indicate that the alien will not need to depend upon supplemental employment or the solicitation of funds for financial support.

13) Families of Special Immigrant Religious Workers

An alien spouse or child of a special immigrant religious worker, who is accompanying or following to join the principal alien, may receive derivative status. A spouse or child acquired after visa issuance but before the principal alien's entry into the United States, or a child born of a marriage that existed at the time of the principal alien's admission into the United States, is entitled to derivative employment-based fourth preference status.