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 brochure covers 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.
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.
Any person, including the applicant, can file a Form I-360 petition with the U.S. Immigration and Naturalization Service (INS) for a person who meets the religious worker criteria. A petition for a person who is not a minister may only be filed until October 1, 2000, and any immigrant visa issued to such person shall not be valid beyond October 1, 2000. After the petition is approved by the INS, the applicant will be sent instructions on how to apply for a fourth preference special immigrant visa for religious workers.
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.
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.
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.
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. Examination costs must be borne by the applicant, in addition to the visa fees.
The cost of each formal immigrant visa application is US$260 for application and US$65 for issuance. Fees must be paid for each intending immigrant regardless of age, and are not refundable. Local currency equivalents are acceptable. Fees should not be sent to the consular office unless requested specifically. The INS charges additional fees for filing petitions.
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.
An immigrant religious worker's spouse and unmarried children under 21 years of age may be granted derivative immigration status.
Since no advance assurances can be given that a visa will be issued, applicants are advised not to make final travel arrangements, not to dispose of their property, and not to give up their jobs until visas have been issued to them. An immigrant visa can be valid for six months from date of issuance. With few exceptions, a person born in the United States has a claim to U.S. citizenship. Persons born in countries other than the U.S. may have a claim, under United States law, to U.S. nationality if:
- Either parent was born or naturalized in the United States, or
- Either parent was a United States citizen at the time of applicant's birth.
Any applicant believing that he or she may have a claim to U.S. citizenship should not apply for a visa until his or her citizenship has been determined by the consular office.