Religious Workers
The basic requirements to obtain a green card, through religious work are:
- For at least 2 years immediately preceding the time of the application, the alien "has been a member of a religious denomination having a bona fide, nonprofit, religious organization in the United States," and
- They seek to enter the U.S.: (a) solely to carry on their vocation as a minister; or (b) if before October 1, 1997, they seek to work in a professional capacity in a religious vocation or occupation or to work for an organization or 501(c)(3) affiliate in a religious vocation or occupation; and 3) They have been carrying on such vocation, professional work or other work continuously for at least a 2 year period. (a) The 2 year period may have been in the U.S.
Pertinent definitions:
- A minister is defined as an individual duly authorized by a recognized religious denomination to conduct religious worship and to perform other duties usually performed by authorized members of the clergy. A minister is not a lay preacher; a minister must be ordained to conduct religious worship and perform other duties performed by an ordained pastor/ clergymen of the denomination. A minister must be full-time.
- A religious organization in the U.S. is defined as an IRC § 501(c)(3) organization as it relates to religious organizations or one that never sought such exemption but can prove it would be eligible for it.
- Professional capacity means an activity in a religious vocation or occupation for which the minimum of a BA or a foreign equivalent is required.
- Religious denomination means a religious group or community of believers having some form of ecclesiastical government, a creed, or statement of faith, some form of worship, discipline, services and ceremonies or comparable dogma.
- Religious occupation means an activity which relates to traditional religious functions such as liturgical workers, religious instructors or counselors. Does not include lay members of religious organization who intend to engage in lay work, e.g., worker in business enterprise of church, janitors or fundraisers.
- Religious vocation means a calling to religious life such as taking vows as exists for nuns, monks and religious brothers and sisters.