Temporary Religious Workers

I am a minister or other religious worker who would like to work in the United States

  United States immigration law provides two categories of visas for religious workers, one for immigrant religious workers, and one for temporary or nonimmigrant religious workers. This article covers requirements and application procedures for the nonimmigrant visa. Aliens who are granted this visa may stay in the United States for a maximum period of 5 years for their calling.

  What Constitutes A Religious Worker?

  “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.

Eligibility for the Visa:

• You must be a member of a religious denomination having a bona fide nonprofit religious organization in the U.S.;
• The religious denomination and its affiliate, if applicable, are exempt from taxation, or the religious denomination qualifies for tax-exempt status;
• You have been a member of the denomination for two years immediately preceding admission;
• You are entering the United States solely to carry on the vocation of a minister of that denomination, or, at the request of the organization, you is entering the United States to work in a religious vocation or occupation for the denomination or for an organization affiliated with the denomination, whether in a professional capacity or not; and
• You have resided and been physically present outside the United States for the immediate prior year if you previously spent five years in this classification.
• There is no requirement that you have a residence abroad which you have no intention of abandoning, but you must intend to depart the United States at the end of your lawful status.

The Application Process

  This type of visa does not require a previously approved petition filed by your prospective employer. You should generally file your application package at the U.S. Embassy or Consulate with jurisdiction over your place of permanent residence.

Your application should contain evidence sufficient to prove a number of things, including, but not limited to:

• The tax-exempt status or eligibility for tax-exempt status of your employer
• That the foreign and United States religious organizations belong to the same religious denomination;
• That you have been a member of the religious denomination for the required two- year period, immediately prior to the application for the visa;
• That you are a minister and are authorized to conduct religious worship for that denomination (if applicable);
• The details of the duties you will perform; or
• If you are a “religious professional”, you have at least a baccalaureate degree or equivalent, and that such a degree is required for entry into the religious profession; or
• If you are to work in a nonprofessional vocation or occupation, you are qualified if the type of work to be done relates to a traditional religious function;
• The arrangements for remuneration, including the amount and source of salary, other types of compensation such as food and housing, and any other benefits to which a monetary value may be affixed, and a statement whether such remuneration shall be in exchange for services rendered; and
• The name and location of the specific organizational unit of the religious denomination or affiliate for which you will be providing services.

Rosenblatt Associates can help you determine whether you are an appropriate candidate for the religious worker nonimmigrant visa, or whether you are eligible to apply for the immigrant visa. Regardless of which visa is the more appropriate one for you, our firm is able to help you present the strongest case possible to substantially increase your success in obtaining your visa

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