Special Immigrant Religious Workers
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Section 101(a)(27)(C) of the INA defines a special immigrant religious worker as an immigrant who:

  1. for at least 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States;
  2. seeks to enter the United States—
    1. solely for the purpose of carrying on the vocation of a minister of that religious denomination,
    2. before October 1, 2008, in order to work for the organization at the request of the organization in a professional capacity in a religious vocation or occupation, or
    3. before October 1, 2008, in order to work for the organization (or for a bona fide organization which is affiliated with the religious denomination and is exempt from taxation as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 USCS $ 501(c)(3)] at the request of the organization in a religious vocation or occupation; and
  3. has been carrying on such vocation, professional work, or other work continuously for at least the 2-year period as described in clause (i).

 

8 CFR part 204.5(m)(3) specifies that each petition for a religious worker must be accompanied by evidence that the organization qualifies as a nonprofit organization.

8 CFR part 204.5(m)(2) defines “religious denomination”

8 CFR part 204.5(m)(3) states in pertinent part:

  1. if the alien is to work in a non-ministerial and non-professional capacity for a bona fide religious organization which is affiliated with the religious denomination, the letter from the authorized official must explain how the affiliation exists. A tax-exempt certificate indicating that the affiliated organization is exempt from taxation in accordance with section 501(c)3 of the IRC as it relates to religious organizations is required in this instance.

 

8 CFR part 204.5(m)(3) states that unless otherwise specified, each petition must be accompanied by:
(ii) a letter from an authorized official of the religious organization in the US which establishes

  1. that immediately prior to the filing of the petition, the alien has the required 2 years of membership in the denomination and the required 2 years of experience in the religious vocation, professional religious work, or other religious work,
  2. if the alien is a minister, he/she has authorization to conduct religious worship and to perform other duties usually performed by authorized members of the clergy.
  3. that, if the alien is a religious professional, he/she ahs at least a US baccalaureate or its foreign equivalent required for entry into the religious profession…
  4. that, if the alien is to work in another religious vocation or occupation, he/she is qualified in the religious vocation or occupation. Evidence may include that the alien is a nun, monk, or religious brother, or that the type of work to be done relates to a traditional religious function.

In a USCIS memo, dated February 20, 2992, the Service provided that the alien’s qualifying experience for the previous 2 years and the work to be done in the US must be full-time. In the immigrant context, full-time work is generally considered to be 35-40 hours per week.

8 CFR 204.5(g) also states that any petition filed by or for an employment based immigrant which requires an offer of employment must be accompanied by evidence that the prospective US employer has the ability to pay the proffered wage. The petitioner must demonstrate this ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence.