In the United States, the services provided by religious workers are very highly valued. As a result, there are special immigrant visas given to religious workers who seek to enter the US or adjust status to that of a permanent resident in order to perform religious activities. The special category of visas is known as the Special Immigrant Religious Worker category.
The law authorizing the Special Immigrant Religious Worker category was recently set to expire on October 31, 2009. Recognizing the continued importance of religious workers in the US, on October 28, 2009, the President just signed into law an extension of the Special Immigrant Religious Worker category until September 30, 2012. As such, religious workers may continue to seek permanent residency upon the fulfillment of the following requirements:
1) The petitioner must be a bona fide religious organization. The organization petitioning the religious worker must have a recognized creed, form of worship, and established place of worship. Additionally, the organization must be legitimate and bona fide. Lastly, the organization must be incorporated and either have tax-exempt status or qualify as a nonprofit organization.
2) The applicant must have an offer of employment by a U.S. religious organization to work in “a religious vocation or occupation.” A religious occupation is one that relates to a traditional religious function, such as religious instructors, liturgical workers, cantors, and catechists. A minister is a person who is authorized to conduct religious worship, such as priests, pastors, and rabbis. A professional is one where the religious position requires at least a bachelor’s degree and where the individual has that degree. A nonprofessional is one wherein a bachelor’s degree is not required.
3) The immigrant must be working in a full-time religious vocation or occupation continuously for at least two years before applying for a visa. This requirement may be fulfilled through religious work either in a foreign country or in the United States. If the qualifying work is in the United States, an individual is eligible only if the employment had been authorized by the DHS. Although the qualifying employment may be compensated or voluntary, the burden is on the individual to prove that he/she has been employed on a full-time (at least 35 hours per week) basis in a religious vocation or occupation.
There are significant advantages to seeking permanent residency as a Special Immigrant Religious Worker. First, an individual does not need to go through the tedious task of obtaining a labor certification with the Department of Labor. Also, the visa category for Special Immigrant Religious Workers has not been affected by the visa retrogressions that have caused most employment-based petitions to be delayed by a period of years. Consequently, due to a court decision issued in June 2009, qualified individuals may file the applications for adjustment of status and employment authorization together with the petition requesting classification as a special immigrant religious worker. Special immigrant religious workers may therefore rather quickly obtain a driver’s license, identification card, and social security number upon issuance of the employment authorization document.
As indicated, the law authorizing the Special Immigrant Religious Worker program is now set to expire on September 30, 2012. Since there is certainly no guarantee, however, individuals who have selflessly devoted their efforts for a religious cause must proceed with the petition process immediately or else the opportunity may no longer be available.
For further information, please schedule an appointment at Aquino & Aquino, A Professional Law Corporation, 625 Fair Oaks Avenue, Suite 101, South Pasadena, CA, 91030; (626) 799-3089.
Aquino & Aquino, A Professional Law Corporation, also handles family law, employment discrimination, unlawful termination, criminal defense, personal injury, wills, and living trusts.