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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 article concerns the 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. BACKGROUND REQUIREMENTS Criteria 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.
Petition Any person, including the applicant, can file a Form I-360 petition with the U.S. Citizenship and Immigration Service (CIS) for a person who meets the religious worker criteria. After the petition is approved by the CIS, the applicant will be sent instructions on how to apply for a fourth preference special immigrant visa for religious workers. Additional Documentation 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. VISA INELIGIBILITY/WAIVER 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. OTHER IMPORTANT DOCUMENTATION 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. Medical Examinations 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. The applicant must pay for the examination. Numerical Limitations 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. Family Members An immigrant religious worker's spouse and unmarried children under 21 years of age may be granted derivative immigration status.
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