1. What is the Green Card process for religious workers?

The Green Card process for religious workers is relatively similar to other employment-based applications, but with some additional steps. It begins with the prospective employer filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with U.S. Citizenship and Immigration Services (USCIS). A foreign national may also self-petition under certain conditions. In addition to filing Form I-360, the employer must also provide evidence of their non-profit tax status and evidence of the applicant’s religious activities for the past two years.

If approved, the religious worker may then apply for lawful permanent resident status (a Green Card) through either an adjustment of status application or through consular processing. The foreign national must meet all other eligibility criteria for an employment-based Green Card, including qualifications for their position and having a labor certification from the Department of Labor. The religious worker must also demonstrate that they are a “bona fide” member of a religious denomination having a bona fide nonprofit, religious organization in the United States.

2. How do I apply for a Green Card as a religious worker?

To apply for a Green Card as a religious worker, you must be sponsored by a qualifying religious organization in the US and file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. You must also provide evidence that you have been a member of the denomination for at least two years prior to filing the petition; you are coming to the US to work in a religious vocation or occupation; and your proposed work will be compensated. Additionally, you must have at least two years of prior experience in religious work.

3. Is there an expedited process for religious workers to get a Green Card?

Yes, religious workers may be eligible for an expedited Green Card process through the Special Immigrant Religious Worker Program. This program is designed to help religious organizations bring qualified and experienced religious workers into the United States to work in a variety of capacities, including as ministers or in a religious vocation or occupation. An application for a Green Card through this program will require an approved petition from U.S. Citizenship and Immigration Services (USCIS) and must be accompanied by several supporting documents. After the petition is approved, the religious worker must submit a visa application to the U.S. Department of State’s National Visa Center (NVC). Once approved, the applicant can complete the Green Card application process at their local U.S. embassy or consulate.

4. What kind of documentation do I need to prove my religious worker status?

To prove your religious worker status, you will need documentation from your employer, such as an employment contract and other form of proof that you are a bona fide religious worker. Additionally, you may need documentary evidence of your religious organization’s tax-exempt status. Depending on the specific situation, additional documents may also be required.

5. How long does it take to obtain a Green Card as a religious worker?

It typically takes 6-9 months to obtain a Green Card as a religious worker.

6. Are there any restrictions on the types of religious work that can qualify for a Green Card?

Yes, there are restrictions on the types of religious work that can qualify for a Green Card. In order to qualify, the applicant must demonstrate that they are coming to the United States to work as a minister of religion or in a religious vocation or occupation. Applicants must be able to demonstrate that they are qualified to do the work and that they are coming to the United States to work on a full-time basis in their religious vocation or occupation. Applicants must also show that the religious organization or institution they are coming to work for is a bona fide nonprofit religious organization or institution.

7. What are the requirements to be a qualifying religious organization?

In order to be a qualifying religious organization, the organization must meet several criteria. First, it must be an organized religion or sect having a form of worship, a distinct code of doctrine and an established place of worship. Second, it must be operated, supervised, or controlled by or in connection with a religious organization. Third, the primary purpose of the organization must be to carry out religious activities. Finally, the organization must not be organized or operated for the purpose of profit.

8. Is the Green Card process different for employees of religious organizations compared to those who are self-employed in religious work?

Yes, the Green Card process is different for employees of religious organizations compared to those who are self-employed in religious work. For employees of religious organizations, the employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This form can be filed with USCIS or with a U.S. consulate abroad. An approved Form I-360 and certain other required documentation can be used to obtain an immigrant visa or adjustment of status to lawful permanent resident (Green Card).

For those self-employed in religious work, the individual must file a Form I-140, Immigrant Petition for Alien Worker. This form must be filed with USCIS and requires additional documentation such as evidence of foreign residence and proof that the individual has been working in a religious vocation or occupation for at least two years prior to entering the U.S. An approved Form I-140 and certain other required documentation can be used to obtain an immigrant visa or adjustment of status to lawful permanent resident (Green Card).

9. Are there any advantages to applying for a Green Card as a religious worker?

Yes, there are several advantages to applying for a Green Card as a religious worker. Most importantly, if an applicant qualifies for the Religious Worker Program (RWP), their application for permanent residency will be expedited and they may receive their Green Card within months, rather than years like other applicants must wait. Additionally, family members of the religious worker may be eligible to receive a Green Card as well. Furthermore, the RWP program does not have a numerical limit like other green card categories, meaning there is no fear of running out of visas. Lastly, many of the requirements for the RWP are less stringent than regular Green Card applications, making it easier to qualify.

10. Do I need to have a job offer from a qualifying religious organization in order to apply for a Green Card?

No, you do not need to have a job offer from a qualifying religious organization in order to apply for a Green Card. However, you must meet other eligibility requirements, such as having worked for such an organization in a qualifying capacity for at least two years or having been granted refugee or asylum status by the United States.

11. Can foreign nationals with an approved Form I-360 petition, but no job offer, apply for a Green Card as a religious worker?

No, foreign nationals with an approved Form I-360 petition but no job offer cannot apply for a Green Card as a religious worker. In order to be eligible for a Green Card based on religious worker status, the applicant must have an approved I-360 petition and an employment offer from a U.S. employer.

12. Does my spouse or children need to be sponsored in order for me to receive a Green Card as a religious worker?

No. Your spouse and children do not need to be sponsored for you to receive a Green Card as a religious worker.

13. Can I extend my Green Card if I am still working in the U.S. as a religious worker?

Yes, you can extend your Green Card if you are still working in the U.S. as a religious worker. You must file Form I-539, Application to Extend/Change Nonimmigrant Status. You must include evidence of your continued work in religious activities, such as documents related to your employment, statements from your employer, and any other documents that support your claim. You must also pay the required filing fee and may be required to provide additional evidence depending on your individual circumstances.

14. Can I apply for naturalization if I become a permanent resident through the religious worker program?

Yes, you can apply for naturalization once you become a permanent resident. You must meet the eligibility requirements and complete the necessary forms to apply for naturalization.

15. Can I bring my family members when I come to the U.S. on my Green Card as a religious worker?

No, family members are not eligible to join you at this time. If you would like to bring your family, you will need to apply for adjustment of status for them or have them apply for a separate visa to enter the U.S.

16. What is the minimum salary requirement for obtaining a Green Card as a religious worker?

The minimum salary requirement for obtaining a Green Card as a religious worker is the prevailing wage as determined by the U.S. Department of Labor.

17. How do I prove that I have been working full time in the U.S. as a religious worker for at least two years?

In order to prove that you have been working full time in the U.S. as a religious worker for at least two years, you must provide evidence such as pay stubs, tax returns, and/or employment contracts that show your employment in the U.S. for at least two years. You must also provide documentation of your religious worker activities such as letters from clergy, statements from religious organizations, etc.

18. Is it possible for me to adjust my status from temporary visa holder to permanent resident without leaving the U.S.?

Yes, it is possible to adjust your status from a temporary visa holder to a permanent resident without leaving the U.S. Your eligibility for this type of adjustment will depend on the specific visa that you currently hold. In some cases, you may need to marry a U.S. citizen or obtain an employment-based visa in order to be eligible for a permanent resident status. You will need to consult with an immigration attorney or U.S. Citizenship and Immigration Services (USCIS) to determine the best path for your situation.

19. What is the maximum stay period allowed on my Green Card as a religious worker?

The maximum stay period allowed on your Green Card as a religious worker is 5 years.

20. Can I travel outside of the U.S. while my Green Card application is pending?

No, you cannot travel outside of the U.S. while your green card application is pending. If you leave the U.S., your application could be subject to automatic abandonment and you may have to restart the entire process. Even if you are able to return to the U.S., you may experience delays in your application processing.