Religious workers from any faith--ministers, workers in a traditional religious function, and those with a religious vocation--may qualify for permanent residence through their work.


Special Immigrant Religious Worker Requirements

1. The sponsoring organization is a bona fide religious organization with 501(c)(3) tax-exempt status, or one that would qualify for 501(c)(3) status if it applied.
2. The religious worker applicant has belonged to the religious denomination of the organization for at least two years.
3. The religious worker has worked in the sponsored position for the two years before the I-360 petition is filed.

Currently, Citizenship and Immigration Services will only approve special immigrant worker petitions if the applicant's prior work in the position was full time and compensated. In other words, volunteer work does not count.

Because of this two year requirement, it is common for religious workers to enter the United States on an R-1 nonimmigrant visa and file for permanent residence after working two years in a religious position.


Special Immigrant Religious Worker Filing Process

Step 1. The sponsoring organization or the religious worker files an I-360 Petition for Special Immigrant Religious Worker Visa with the appropriate CIS Service Center. The purpose of this petition is to show that the worker qualifies for permanent residence through religious work.

What you will need for the I-360 Religious Worker Petition:

1. Filing fee of $190
2. Letter of support from the religious organization
3. Proof of 501(c)(3) non-profit status
4. Proof that the religious worker's denomination is the same as the sponsoring organization's
5. Proof that the religious worker has belonged to the denomination for the previous two years
6. Proof that the religious visa applicant has worked in the sponsored position for two years immediately preceding the filing of the petition
7. Proof that the sponsoring organization can support the R-1 religious worker

The petition may take 5-12 months depending on the Service Center. Check CIS processing times for the latest information.

Step 2. The religious worker files an application for adjustment of status (if in the United States) or an immigrant visa (if abroad).

Adjustment of Status in the United States. The religious worker files an application for permanent residence once the I-360 petition is approved.

What you will need for the I-485 Application for Permanent Residence:

1. Filing fee of $325
2. Biometric (fingerprint) fee of $70
3. Birth certificate
4. Proof of valid nonimmigrant status (passport and I-94
5. Medical examination
6. Letter of support from the religious organization
10. Filing fee of $180 for Employment Authorization
11. Filing fee of $170 for Advance Parole (travel authorization)

The I-485 application may take 1-2 years depending on the Service Center. Check CIS processing times for the latest information.

Immigrant Visa Processing at a U.S. Consulate. Religious workers outside of the United States apply for an immigrant visa at a consulate in their home countries. Citizenship and Immigration Services will send the religious worker's case to the appropriate consulate once the I-360 petition is approved.

What you will need for the Immigrant Visa Application:

1. Visa fee of $380
2. Birth certificate
3. Passport
4. Medical examination
5. Police clearance letter
6. Letter of support from the religious organization

Immigrant visa processing normally takes 2-5 months from the I-360 petition is approved.

The religious worker's spouse and minor children can apply for permanent residence/immigrant visa at the same time as the religious worker.

Don't miss the religious worker FAQ.

If you have additional questions about permanent residence as a religious worker, please contact my office.