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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 brochure covers requirements and application procedures for the immigrant "SD" visa. This status is under the fourth preference special immigrant category. |
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.
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. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) 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 USCIS, 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.
Immigration and naturalization law is very specialized and requires many years of experience to understand difficult provisions. If you need qualified legal assistance with an immigration matter, contact the New York Attorneys at Robert Aronov & Associates, P.C. today.
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