Visa Options for Religious Workers (EB-4)

1. What is the eligibility criteria for obtaining an EB-4 Visa for Religious Workers?


The eligibility criteria for an EB-4 Visa for Religious Workers include:
* Must be a member of a religious denomination with a nonprofit, non-commercial organization in the United States for at least two years before applying
* Must have had at least two years of experience as a minister, professional or in a religious vocation or occupation
* Must plan to work in a similar vocation or occupation in the United States
* Must be sponsored by the religious organization or its affiliate
* Must be able to demonstrate that the work to be performed will be consistent with their religious calling

2. How long is the EB-4 visa valid for?


The EB-4 visa is valid for up to four years. It may be extended in increments of two years at a time.

3. Is it possible to extend the EB-4 visa once it expires?


No, the EB-4 visa cannot be extended once it has expired. Applicants who wish to stay in the US beyond the expiration date of their EB-4 visa must apply for a new visa or for another type of immigration status.

4. Are there any special requirements for applying for an EB-4 visa?


The main requirements for applying for an EB-4 visa include proof of eligibility for one of the special immigrant categories (religion, international organization, certain U.S. government agency employees, and others listed in the Immigration and Nationality Act), an approved I-360 petition, and the payment of fees. In addition, depending on the category, applicants may be required to provide additional documents such as evidence of employment or religious affiliation.

5. How long is the processing time for an application for the EB-4 visa?


The processing time for an application for the EB-4 visa depends on the particular case and can vary significantly. Generally speaking, applicants should expect the process to take at least one to two years.

6. What documentation is required to apply for an EB-4 visa?


In order to apply for an EB-4 visa, applicants must submit the following documents:

• Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
• Proof of eligibility for the visa
• Two passport-style photographs
• Completed Form DS-230, Part I and Part II
• A copy of the applicant’s birth certificate or other legal proof of identity (if applicable)
• Documentation of past employment or any other evidence to prove that the applicant is qualified for the job (if applicable)
• Evidence of financial resources, such as tax returns and bank statements, to demonstrate that the applicant will be able to support himself/herself and any dependents (if applicable)
• Copy of passport with valid visa (if applicable)
• Police clearances from any country where the applicant has resided for six months or more during the past five years (if applicable)

7. What types of religious workers are eligible to apply for the EB-4 visa?


The EB-4 visa is for “special immigrant” religious workers, which includes ministers, religious professionals, and members of a religious order who are working for a religious organization. It also includes other types of religious workers, such as workers in religious vocations or occupations.

8. Is there a minimum duration of time that must be spent in the US when entering with an EB-4 visa?


Yes, there is a minimum duration of time that must be spent in the US when entering with an EB-4 visa. Generally, the stay must be for at least one year. Additionally, potential immigrants must also possess a valid passport and be able to demonstrate that they are qualified for the visa.

9. Are there restrictions on working while in the US on an EB-4 visa?


Yes, there are restrictions on working while in the US on an EB-4 visa. An EB-4 visa holder may only work in the US if the job is related to their religious vocation or occupation. The holder must also receive approval from the US Citizenship and Immigration Services before beginning any employment in the US.

10. Is it possible to bring family members with me if I enter the US on an EB-4 visa?


Yes, it is possible to bring family members with you if you enter the US on an EB-4 visa. Family members can be included on your application as dependents and may receive derivative status from your primary EB-4 visa. Please check with the US Citizenship and Immigration Services (USCIS) for the specific requirements for family members.

11. What type of job duties are considered permissible for those with an EB-4 visa?


The EB-4 visa is a special category of nonimmigrant visa that allows certain religious workers, broadcasters, and other special immigrant categories to enter the United States. The job duties that are permissible for these individuals depend on the type of visa they are granted. Generally, religious workers may be employed in a religious vocation or occupation, and broadcasters may work as correspondents, producers, or announcers. Other categories of nonimmigrant visa holders may include international investors, physicians, members of the armed forces, and certain categories of international workers.

12. How do I go about finding a sponsoring organization in the US to help me obtain an EB-4 visa?


The best way to go about finding a sponsoring organization in the US to help you obtain an EB-4 visa is to contact organizations that specialize in US immigration services. These organizations will be able to evaluate your qualifications and offer you assistance in obtaining the appropriate visa. Additionally, you can also contact the US Citizenship and Immigration Services (USCIS) for more specific information about the process and requirements for an EB-4 visa.

13. Can I switch my status from an EB-4 to another type of visa while in the US?


Yes, it is possible to switch from an EB-4 visa to another type of visa while in the US. However, it is important to note that you must adhere to the rules and regulations laid out by the US Citizenship and Immigration Services (USCIS) for the visa type you are switching to. Additionally, depending on the new visa type, you may be required to have a sponsoring employer or other documentation to qualify. It is best to consult with an immigration attorney to determine if a switch is possible and what steps you must take to do so.

14. How long does it take to adjust my status from an EB-4 visa holder to a permanent resident or citizen of the US?


The time frame for adjusting to permanent resident or citizen status varies depending on several factors, including the country of origin, the applicant’s qualifications, and the availability of visa numbers. In most cases, the process may take several years.

15. What type of medical examinations are required for those seeking an EB-4 visa?


Those seeking an EB-4 visa must pass a medical examination conducted by a designated civil surgeon. The medical examination is to identify any communicable disease and mental or physical disorder that may affect the applicant’s ability to perform specified duties. The examination includes a physical examination, chest x-ray, and blood tests for syphilis and tuberculosis.

16. Are there any special tax implications associated with coming to the US on an EB-4 visa?


Yes, there are special tax implications associated with coming to the US on an EB-4 visa. Depending on your particular circumstances, you may be subject to taxes on your worldwide income, and may be required to file US tax returns even if you don’t earn income in the US. Additionally, you may be subject to the Foreign Earned Income Exclusion, which exempts the first certain amount of foreign earned income from US taxation. In addition, special rules apply to social security and Medicare taxes for those on an EB-4 visa.

17. Can I apply for permanent residence after entering the US on an EB-4 visa?


No. EB-4 visas are nonimmigrant visas and do not provide a pathway to permanent residence. However, you may be eligible to adjust your status to permanent residence in certain circumstances. Please consult an immigration attorney to discuss your eligibility for a green card.

18. Can I bring assets or money into the US when entering on an EB-4 visa?


Yes, you can bring assets or money when entering the US on an EB-4 visa. However, it is important to declare all assets and money upon entry. You may be asked to provide evidence of the source of the funds. Additionally, depending on the amount of money and assets you intend to bring into the US, it is possible that you may need to fill out additional forms or obtain a special tax ID number.

19. What type of criminal activity makes one ineligible for an EB-4 Visa?


Crimes involving moral turpitude, multiple criminal convictions, drug trafficking, and human trafficking are among the criminal activities that can make an individual ineligible for an EB-4 Visa.

20. Are there any restrictions on travel outside of the US while in possession of an EB-4 Visa?


Yes, there are restrictions on travel outside of the US while in possession of an EB-4 visa. The visa holder must obtain a special immigrant visa reentry permit to leave the US and return with an EB-4 visa. The permit is valid for two years and must be renewed if the visa holder wishes to leave the US and return again. It is important to note that the visa holder must have a valid reason for leaving the US, such as travel for business or pleasure, and must be able to demonstrate that they will return to the US.