Navigating the EB-4 Religious Worker Visa for Non-Ministerial Workers: A Comprehensive Guide

The information provided in this blog is for general informational purposes only and does not constitute legal advice. Immigration law is complex, and we strongly recommend that individuals consult with an experienced immigration attorney regarding their specific circumstances to ensure compliance with U.S. immigration laws. For personalized legal guidance, seeking professional assistance is always advisable.

If you're considering the EB-4 Religious Worker Visa for non-ministerial religious workers, particularly with the program's expiration looming on December 31, 2024, it is essential to understand eligibility, consular processing, and key issues related to admissibility, deportability, and moral character. This guide provides clear, objective insights into these processes to avoid common misconceptions, especially regarding using this visa as a potential basis for cancellation of removal.

Eligibility for Consular Processing:

Non-ministerial religious workers seeking the EB-4 visa may apply through consular processing if they are outside the United States. Consular processing refers to applying for an immigrant visa at a U.S. consulate abroad after the sponsoring religious organization has filed and received approval for the I-360 petition from USCIS. Applicants must meet all the statutory requirements for the visa category and attend a consular interview to assess eligibility.

Key requirements include:

Employment History: The applicant must provide evidence of at least two years of continuous religious work in a qualifying capacity immediately preceding the petition filing.

Visa Availability: An immigrant visa number must be available at the time of the consular interview, subject to priority dates.

Admissibility and Deportability Grounds:

As part of consular processing, applicants must overcome any grounds of inadmissibility enumerated under INA § 212 and be free from any grounds of deportability as outlined in INA § 237. Admissibility issues may include criminal convictions, immigration fraud, unlawful presence, and public health concerns, among others.

If any of the following apply, the applicant may be found inadmissible:

Criminal Offenses: Crimes involving moral turpitude (CIMT), drug-related offenses, or aggravated felonies.

Immigration Violations: Prior removals, unlawful presence, or visa overstays could result in 3- or 10-year reentry bars under INA § 212(a)(9)(B).

Health-Related: Public health concerns such as communicable diseases.

Where applicable, applicants may seek a waiver of inadmissibility. However, these are granted at the discretion of the immigration authorities and are not guaranteed.

Moral Character Requirement:

The U.S. government requires all applicants under the EB-4 category to demonstrate good moral character, as per 8 CFR § 204.5(m). Moral character is assessed based on the individual’s actions over the preceding years. Factors that may negatively impact moral character include:

- Criminal history,

- Fraud or misrepresentation,

- Failure to comply with U.S. immigration laws.

Religious workers must ensure they meet this high moral threshold to be eligible for approval, and any adverse factors in their background must be disclosed to avoid potential denial.

Vermont Service Center: Processing of Religious Worker Visas,

It is important to note that the Vermont Service Center processes I-360 petitions for special immigrant religious workers. This specialized service center is responsible for reviewing religious worker petitions, ensuring they meet the regulatory requirements, and that applicants are eligible under the EB-4 category.

Cancellation of Removal:

A key point that needs to be emphasized is that the EB-4 Religious Worker Visa cannot be used as a basis for cancellation of removal. Cancellation of removal is a relief available to individuals in removal proceedings who meet certain criteria, including continuous presence in the U.S. for at least 10 years and a demonstration of exceptional and extremely unusual hardship to qualifying relatives. The EB-4 visa category does not meet the necessary statutory requirements to serve as a basis for this form of relief. Therefore, individuals seeking removal defense should consult with an attorney to explore other options, but they should not have false expectations regarding the use of this visa in removal proceedings.

Sacred Heart Immigration Law’s Perspective on the Visa Program:

At Sacred Heart Immigration Law, we believe that the expiration of the non-ministerial religious worker visa program on December 31, 2024, represents a potential loss not only for religious workers of high moral character but also for the economic and social contributions these individuals make to the U.S. Extending this program would allow the continued influx of dedicated individuals who enrich U.S. religious communities and contribute to the economy through their lawful employment and adherence to U.S. immigration laws.

It is our professional opinion that the U.S. government should consider extending this vital visa program in recognition of the positive impact that legally authorized religious workers bring to society. They serve as pillars of faith-based communities and are integral to fostering religious diversity and economic productivity in the United States.

Relevant INA and 8 CFR Sections:

- INA § 101(a)(27)(C): Definition of special immigrant religious workers.

- INA § 203(b)(4): Allocation of EB-4 visas for special immigrants.

- 8 CFR § 204.5(m): Regulations governing immigrant religious workers.

- INA § 212(a): Grounds for inadmissibility.

- INA § 237(a): Grounds for deportability.

For those seeking additional legal assistance or exploring their options for the EB-4 religious worker visa, we encourage you to contact Sacred Heart Immigration Law for a thorough consultation on your immigration case.