Visa Paths for Religious Workers

Author C. Matthew Schulz

U.S. law provides various visa solutions for religious workers and sponsoring organizations. Some authorize temporary visits, authorize employment and some result in permanent resident status. Requirements and processing times vary greatly.

R-1 Nonimmigrant Visa

The R-1 nonimmigrant religious worker visa allows religious workers to enter the U.S. to temporarily perform services as a minister of religion or in a religious occupation or vocation.

There are no numerical limits on the number of R visas that can be issued each fiscal year. Initial validity is for up to 30 months, with extensions possible for a maximum U.S. stay of five years.

R-1 requirements:

• Sponsoring employer must be either a bona fide non-profit religious organization, or a bona fide organization that is affiliated with the religious denomination;
• The religious worker must have been a member of the same type of religious denomination as the sponsoring employer for the 2 years immediately preceding the time request;
• The religious worker must be coming to do a compensated (either salaried or non-salaried) position or, in certain circumstances, an uncompensated position that is part of an established program for temporary, uncompensated missionary work.

EB4 Immigrant Visa

The EB4 immigrant visa allows ministers and non-ministers in religious vocations and occupations to immigrate to the U.S. to do religious work in a full-time, compensated position.

Like most immigrant visas, only a limited number of religious workers and accompanying family members (spouse and unmarried children under 21) can immigrate each fiscal year.  Wait times after filing the EB4 petition vary but tend to be about four years.

EB4 requirements:

• Sponsoring employer must be either a non-profit religious organization or an organization affiliated with the religious denomination;
• The immigrant must have been a member of the same denomination as the sponsor for the 2 years immediately preceding the EB4 request;
• The position offered must be a full-time (e.g., at least 35 hours per week), compensated position;
• The job offered must be either:
  • Minister;
  • Religious vocation in either a professional or nonprofessional capacity; or
  • Religious occupation in either a professional or nonprofessional capacity; and
  • The immigrant must have been carrying on, after the age of 14, such work continuously for at least 2 years prior to filing the EB4 petition.

B-1 Nonimmigrant Visa

Religious workers may enter the U.S. for short-term religious activities (e.g., attending conferences, speaking engagements, or performing missionary work if they are not receiving a salary or other compensation from a U.S. source other than reimbursement for expenses).

There are no numerical limits on the number of B-1 visas issued each fiscal year.  Admission is for up to 6 months.

Other Pathways

O-1 nonimmigrant and EB1A immigrant visas are generally for individuals or extraordinary ability. This is a high standard that generally requires proof that the individual enjoy a national or international reputation and have risen to the top of their field.  As a result, only a small subset of religious workers is likely to qualify.

EB2 and EB3 immigrant visas for professionals with advanced degrees, professionals and skilled workers coming to fill positions for which U.S. workers are not qualified, willing or available.  These solutions apply to a wide range of occupations, some of which cover religious workers.  Depending on demand and country of birth, wait times for this pathway to U.S. resident status vary, but are measured in years, not months.

F-1 Student Visa

Religious workers coming to the U.S. to pursue theological or religious studies at an accredited institution may consider an F-1 student visa. Students are authorized employment part-time on campus and can apply for other employment during and after their period of study.

Definitions

Bona fide non-profit religious organization means an organization exempt from federal tax requirements as described in Section 501(c)(3) of the Internal Revenue Code of 1986; and holds a currently valid determination letter from the Internal Revenue Service confirming such exemption.

Bona fide organization affiliated with religious denomination means an organization is associated with a religious denomination that is exempt from federal tax requirements as described in IRC 501(c)(3) and holds a currently valid determination letter from the IRS confirming such exemption.

Religious denomination means a religious group or community of believers that is governed or administered under a common type of ecclesiastical government and includes one or more of the following:

• A recognized common creed or statement of faith shared among the denomination’s members;
• A common form of worship;
• A common formal code of doctrine and discipline;
• Common religious services and ceremonies;
• Common established places of religious worship or religious congregations; or
• Comparable indicia of a bona fide religious denomination.

Minister means a job with various names or titles, depending on the religion (e.g., priest, minister, rabbi, imam) and is a person who:

• Is fully authorized by a religious denomination, and fully trained according to the denomination’s standards, to conduct religious worship and perform other duties usually performed by authorized members of the clergy of that denomination;
• Is not a lay preacher or a person not authorized to perform duties usually performed by clergy;
• Performs activities with a rational relationship to the religious calling of the minister; and
• Works solely as a minister in the U.S., which may include administrative duties incidental to the duties of a minister.

Religious occupation means an occupation that meets all the following requirements:

• The duties must primarily relate to a traditional religious function and be recognized as a religious occupation within the denomination;
• The duties must be primarily related to, and must clearly involve, instilling or carrying out the religious creed and beliefs of the denomination;
• The duties do not include positions which are primarily administrative or support such as janitors, maintenance workers, clerical employees, fund raisers, persons solely involved in the solicitation of donations, or similar positions, although limited administrative duties that are only incidental to religious functions are permissible; and
• Religious study or training for religious work does not constitute a religious occupation, but a religious worker may pursue study or training incident to status.

Religious vocation means a formal lifetime commitment, through vows, investitures, ceremonies, or similar indicia, to a religious way of life. The religious denomination must have a class of persons whose lives are dedicated to religious practices and functions, as distinguished from the secular members of the religion. Examples of religious vocations include nuns, monks, and religious brothers and sisters.

Religious worker means a person engaged in and, according to the denomination’s standards, qualified for a religious occupation or vocation, whether in a professional capacity, or as a minister.

For More Information

Please contact the author for more information.