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EB-4 Religious Workers

The petitioner must submit Form I-360 signed by the employer as well as the following supporting documents:

Supporting Documents Required for the Religious Organization:

Proof of tax-exempt status

If the religious organization has its own individual IRS 501(c)(3) letter, provide a currently valid determination letter from the IRS establishing that the organization is a tax-exempt organization

If the organization is recognized as tax-exempt under a group tax-exemption, provide a currently valid IRS group tax-exemption determination letter

If the organization is affiliated with the religious denomination, provide:

A currently valid determination letter from the IRS that the organization is tax-exempt;

Documentation that establishes the religious nature and purpose of the organization;

Organizational literature; and

A religious denomination certification, part of the Form I-360 (see the links to the right).

Proof of salaried or non-salaried compensation

 

Verifiable evidence of how the organization intends to compensate the religious worker, including specific monetary or in-kind compensation.  Evidence of compensation may include:

Past evidence of compensation for similar positions

Budgets showing monies set aside for salaries, leases, etc.

Evidence that room and board will be provided to the religious worker

If IRS documentation, such as IRS Form W-2 or certified tax returns, is available, it must be provided

If IRS documentation is not available, an explanation for its absence must be provided, along with comparable, verifiable documentation

Other evidence acceptable to USCIS

Supporting Documents Required for the Religious Worker:

Proof of membership

Evidence that the religious worker is a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least 2 years immediately preceding the filing of Form I-360

Evidence to establish that the religious worker is qualified to perform the duties of the offered position. If the religious worker will be working as a minister, provide:

 

A copy of the religious workers certificate of ordination or similar documents

Documents reflecting acceptance of the religious workers qualification as a minister in the religious denomination, as well as evidence that the religious worker has completed any course of prescribed theological education at an accredited theological institution normally required or recognized by that religious denomination.  Include transcripts, curriculum, and documentation that establishes that the theological institution is accredited by the denomination

If the denominations do not require a prescribed theological education, provide:

The religious denominations requirements for ordination to minister

A list of duties performed by virtue of ordination

The denominations levels of ordination, if any, and

Evidence of the religious workers completion of the denominations requirements for ordination

Proof of previous religious work (either abroad or in lawful immigration status in the United States)

 

If the requisite previous employment was in the U.S. and:

 

The religious worker received salaried compensation, provide documentation that he or she received a salary, such as an IRS Form W-2 or certified copies of filed income tax returns reflecting such work and compensation for the prior employment.

The religious worker received non-salaried compensation:

If IRS documentation is available, provide IRS documentation of the non-salaried compensation

If IRS documentation is not available, provide an explanation for the absence of IRS documentation along with comparable, verifiable documentation

If the religious worker received no salary but provided for his or her own support and that of any dependents, provide verifiable documents to show how support was maintained, such as audited financial statements, financial institution records, brokerage account statements, trust documents signed by an attorney, or other verifiable evidence acceptable to USCIS

If the requisite previous experience was gained abroad, provide comparable evidence of the religious work

 

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