Religious Worker

Green Cards > Employment Green Card > Religious Worker

To qualify as a Religious Worker, an applicant must:

1.      Have been a member for at least two years of a religious denomination having a non-profit religious organization in the U.S. and

2.      Seek to enter US only

a.       to carry out his/her vocation as a minister or,

b.      if entered before October 1, 2008, sought to work in a professional capacity in a religious occupation or to work for an organization or a 501 (c)(3) affiliate in a religious capacity.

3.      Have been performing such vocation, professional work or other work continuously for at least a two-year period.

Note that for the purposes of meeting (3) above, the traditional position has been that voluntary service does not count.  The applicant must have been doing vocational/professional work in the religious field for the two years immediately preceding the application, and the applicant must have been paid for such work.  Although there has been one federal court case that challenged the claim that volunteer work does not qualify, that still remains the general rule.    However, the two-year requirement can be met with part-time work, or work carried out while the applicant was simultaneously studying in the U.S. if such study is consistent with the ministerial vocation.

The following are definitions of key terms for this category:

• Minister: a person authorized by a recognized religious denomination to conduct religious worship and perform the duties of authorized clergy.  A minister must be ordained, as a lay preacher does not qualify.
• Religious organization: a 501(c)(3) (tax-exempt) organization, or an organization that never sought 501(c)(3) classification, but can prove it would be eligible for it.  The government will also look at additional evidence that an organization’s purpose is religious.
• For the purposes of (2)(b) above, a “professional capacity” means activity in a religious occupation or vocation which requires at minimum a Bachelor’s degree or foreign degree that is equivalent.
• For the purposes of (2)(b) above, a “religious occupation” is one that related to traditional religious functions.  Examples include religious instructors or counselors.  It does not include individuals working in a purely administrative capacity.  The job must involve training and experience related to religious objectives, but at least one administrative body has held that the position can be both secular and religious.

Generally, an applicant must submit the following evidence to qualify for this category:

• Evidence the organization has 501(c)(3) status or would be eligible for it.
• A letter from an authorized official of the religion establishing that the applicant has 2 years of experience and that the person qualifies as a minister, religious professional, or a worker in a religious occupation.  This letter must explain details about the applicant’s job showing that he/she will be working in a religious capacity, as well as provide proof that the organization can pay the applicant.

Note that a Religious Worker applicant’s spouse and children are eligible to accompany him/her.  Additionally, a change in the location of employment, for example to join a different congregation within the same religion, does not invalidate the application.