Client: Church Association
Client’s Country of Origin: Ethiopia
Case Type: I-29 Petition for Special Religious Worker
Date of Application: January 2018
Date of Approval: June 2019

Our client a non-profit Ethiopian Orthodox Christian Church, retained Attorney Erin James of Herman Legal Group to assist with petitioning a religious worker to come to the Cleveland area. Our client suffered due to the lack of Ethiopian Orthodox priests in the US. Although our client is affiliated with the Ethiopian Orthodox Tewahedo Church, whose membership consists of nearly 50 million people, the majority of its members live in Ethiopia.

As a result, our client needed a religious worker who has a comprehensive knowledge of the Scriptures and familiarity with the whole body of traditional rituals passed down through generations.

At the time, the beneficiary lived in Ethiopia and served as a full-time Monk and Priest.

By law, to qualify as a special immigrant religious worker, a foreign national must have been a member of a religious denomination that has a bona fide non-profit religious organization in the US for at least 2 years immediately before the filing of a petition to seek to enter or adjust status in the US in a full-time, compensated position as a minister or as someone in a religious vocation or religious occupation.

Due to these requirements, Attorney Erin James needed to assemble substantial evidence to demonstrate the church’s status as a non-profit religious organization and evidence of satisfaction of criteria that makes the priest eligible for the position. With expert counsel, our client was able to file a petition that provided specific information in regards to its organization and various certifications and letters from other priests attesting to the beneficiary’s work.

As a result, the USCIS warranted its approval with no issue. Upon the approval, our client’s Senior Priest visited our office and happily gave us his blessing.

The US Citizenship and Immigration Services (USCIS) agency has a checklist of items that they recommend religious workers seeing a green card and the religious organizations that sponsor these religious workers review. The list is for informational purposes. The religious workers and religious organizations should review all the religious worker green card requirements with an experienced immigration attorney.

The USCIS also advises that original documents should not be sent unless they are specifically requested according to the relevant instructions and regulations. The main form that needs to be filed is uscis.gov/i-360.

If any documents are submitted (copies or original documents) that are in a foreign language, then the applicant/sponsor should include a complete English translation -and a certification from a translator stating that the translation is complete and accurate. The translator should also verify that he/she has the necessary qualifications to translate from the foreign language to English.

What’s In the Religious Worker Checklist?

Applicants for a religious green card, whether they are applying form a foreign country or they are applying from the US because they’ve already obtained an R-1 visa, should verify that they have the following documentation:

• IRS documentation. A religious organization should submit the IRS determination letter confirming that the religious organization either is tax-exempt or that the religious group that covers the religious organization has a group tax exemption – along with a showing that the religious organization is part of the group.
• If a bona fide organization doesn’t directly qualify as a religious organization but is affiliated with a religious denomination, then the organization must have documentation showing that:
• “It was granted tax-exempt status under the Internal Revenue Code (IRC) of 1986 section 501(c)(3) (or a subsequent amendment or equivalent sections of prior enactments of the IRC) as something other than a religious organization.” The documentation should include all of the following:
  • “A valid determination letter from the IRS establishing the organization is a tax-exempt organization
  • Documentation that establishes the religious nature and purpose of the organization
  • Organizational literature describing the religious purpose and nature of the activities of the organization and
  • A Religious Denomination Certification completed, signed, and dated by the religious organization certifying the petitioning organization is affiliated with the religious denomination.”
• A Prospective Employer Attestation (this attestation is part of Form I-360, Part 9) and certification by an authorized official of the employer for the employee seeking a religious green card – that is signed, dated, and completely filled out.
• Employee compensation evidence. The religious organizations should provide evidence that verifies how the organization will pay the beneficiary. Payment includes salaried compensation and non-salaried compensation.
• Membership requirements. The religious organization should provide evidence that the religious worker, for at least two years or more prior to the petition for the green card filing date, has been a member of the religious denomination.
• Continuous working requirement. The religious organization should provide documentation to show that the religious worker “has been working continuously, after turning 14 years of age, in one of the positions listed below” – either in the US or in a foreign country, for at least two years before the petition for a religious green card is filed:
  • As a minister for the respective religious denomination
  • In a religious job.
    • The employment can be in a religious vocation – either in a professional capacity or in a non-professional capacity.
• Worker qualifications. The religious organization/beneficiary must provide evidence to show the religious worker/ beneficiary has the qualifications necessary to “perform the duties of the offered position.”

It’s critical that religious organizations and individuals who file for a religious worker green card understand the relevant terms. For example, there is a large difference between religious occupation and a religious vocation. Just that one different word – occupation versus vocation – can open up a host of requirements and evidentiary issues. Some of these key definitions, according to the USCIS, (and as defined in the Immigration and Naturalization Act, are:

Bona Fide Nonprofit Religious Organization in the United States

This term means a religious organization that is tax-exempt according to Section 501(c)(3) of the Internal Revenue Service (IRS) Code of 1986, subsequent changes, or prior equivalent sections of the Internal Revenue Code. The entity must have a valid IRS determination letter that is current and confirms the tax-exempt status. The USCIS requires the determination letter. The USCIC doesn’t permit the organization to supply alternative documentation.

The determination can be an individual 501(c)(3) determination letter or an IRS letter for a group if the religious organization is covered under a group ruling.

Bona Fide Organization That Is Affiliated with the Religious Denomination

This term applies to an organization that is “closely associated with a religious denomination.” The affiliated organization must be tax-exempt – according to section 501(c)(3) of the Internal Revenue Code (IRC) of 1986 and subsequent/related amendments and equivalent sections of prior IRC enactments. The organization “must have a currently valid determination letter from the IRS confirming the tax exemption.” Additional documentation may be required.

Religious Denomination

This term means “a religious group or community of believers that is governed or administered under a common type of ecclesiastical government” – and one of the following conditions applies:

• “A recognized common creed or statement of faith shared among the denomination’s members
• A common form of worship
• A common formal code of doctrine and discipline
• Common religious services and ceremonies
• Common established places of religious worship, religious congregations
• Comparable evidence of a bona fide religious denomination”

The religious organization may meet the religious denomination definition by providing a description of its internal governing structure – If there is no hierarchical ecclesiastical government.

Denominational Membership

This term means “membership during at least the two-year period immediately preceding the filing date of the petition, in the same type of religious denomination as the United States religious organization where the beneficiary will work.” This definition is recent.

Minister

Ministers are also called priests, rabbis, imam, and other words depending on the religion. Minister means a person who, “according to the denomination’s standards:”

• “Is fully authorized by a religious denomination, and fully-trained according to the denomination’s standards, to conduct religious worship and perform other duties usually performed by authorized members of the clergy of that denomination”
• Isn’t a layperson or preacher who doesn’t have the authority to perform duties normally performed by clergy.
• “Performs activities with a rational relationship to the religious calling of the minister”
• Works only as a minister in the US. This can include administrative tasks that are part of the minister’s duties.

Religious Occupation

This term means an occupation that meets all of the following obligations – as part of the religious denomination’s standards:

The duties:

• “Must primarily relate to a traditional religious function and be recognized as a religious occupation within the denomination”
• “Must be primarily related to, and must clearly involve, inculcating or carrying out the religious creed and beliefs of the denomination”

The duties shouldn’t include work which is mainly administrative or supportive – such as a janitor, maintenance worker, clerical job, fund-raiser, persons “solely involved in the solicitation of donations” or similar jobs. Some administrative work may be acceptable if it’s incident to a religious occupation.

While religious workers can pursue study or training incidental to their job – study or training does not directly qualify the work as a religious occupation.

Religious Vocation

This term requires a “formal lifetime commitment, through vows, investitures, ceremonies, or similar indicia, to a religious way of life.” “The religious denomination must have a class of individuals whose lives are dedicated to religious practices and functions, as distinguished from the secular members of the religion.” Monks, Nuns, and religious brothers and sisters are common examples.

Religious Worker

This term means “an individual engaged in and, according to the denomination’s standards, is qualified for a religious occupation or vocation, whether or not in a professional capacity, or as a minister.” This is a new definition.

The USCIS recognizes that ministers of a religious denomination have a strong tradition in the US immigration law framework. Congressional approval for lawful permanent residency for qualifying ministers and their families dates back to the Immigration Act of 1924. In 1990, Congress crafted a special immigration category – for both ministers and other religious workers in the new Immigration and Nationality Act.

There is a key difference between immigration approval for ministers and religious workers. The Immigration Act of 1990 (IMMACT 90) provides that minister provisions are permanent while religious workers must have adjusted their status by October 1, 1994. This sunset provision for religious workers has been extended several times.

Additionally, there is no numerical limit on the number of ministers who can immigrate or adjust their status. There is a yearly limit of 5,000 for all other religious workers.

The key laws on special immigrant religious worker green cards

The laws that an experienced immigration lawyer will review when advising religious organizations about special immigrant visas and green cards are:

• INA 101(a)(27)(C) – Certain ministers and religious workers
• INA 203(b)(4) – Certain special immigrants
• INA 245; 8 CFR 245 – Adjustment of status of nonimmigrant to that of a person admitted for permanent residence
• 8 CFR 204.5(m) – Religious workers

Eligibility Requirements for special immigrant religious worker green cards

To adjust a religious worker visa (R-1) to a lawful permanent resident (LPR) special immigrant religious worker, the applicant/beneficiary must meet the following eligibility requirements:

Eligibility to Receive an Immigrant Visa

To adjust the status of a religious worker, the applicant must be approved ad a “religious worker” by the USCIS. The application for adjustment can be filed by the applicant or by the applicant’s employer. The applicant must file a Petition/Form I-360 to be approved for the Special Immigrant status.

The foreigner/alien may be eligible for special immigrant religious worker classification – based on either:

• Employment with a bona fide nonprofit religious organization in the US
• Employment with a bona fide organization affiliated with the religious denomination in the United States
• Provided ALL the following requirements are fulfilled
• The work to be done in the organization is:
  • “Solely as a minister for a religious denomination”
  • “in a religious vocation in a professional or nonprofessional capacity”
  • “or In a religious occupation either in a professional or nonprofessional capacity”
• “The religious worker has been a member of a religious denomination that has a bona fide nonprofit religious organization in the United States for at least 2 years immediately preceding the filing of the petition for classification as a religious worker”
• The work performed by the religious worker must have been done continuously – either in the US or abroad for at least 2 years immediately prior to the petition filing date. The USCIS will only consider work done when the applicant was 14 years old or older

Form I-360 must include documentation and evidence to verify the above requirements. The USCIS may conduct an on-site inspection of the religious organization and may randomly inspect the organization after the adjudication.

Possible bars to adjustment to LPR status

Unless there’s an exemption or waiver, religious workers and their families are not eligible for an adjustment of status if one of the statutory bars apply. To be exempt, the religious worker can’t have acquired more than 180 days of specific immigration violations since the last date he/she was lawfully admitted – and they otherwise qualify under the INA statute – INA 245(k). Generally, an inadmissible applicant (based on the statutory bar) must obtain a wavier or equivalent relief in order to obtain LPR status.

The following statues/bar can disqualify an applicant:

•  INA 212(a)(1) – Health-Related bars
• INA 212(a)(2) – Crime-Related bars
• INA 212(a)(3) – Security-Related bars
• INA 212(a)(4) – Public Charge bars
• INA 212(a)(6) – Illegal Entrants and Immigration Violators
• INA 212(a)(7)(A) – Documentation Requirements for Immigrants
• INA 212(a)(8) – Ineligibility for Citizenship
• INA 212(a)(9) – Aliens Previously Removed
• INA 212(a)(10) – Practicing Polygamists, Guardians Required to Accompany Helpless Persons, International Child Abductors, Unlawful Voters, and Former Citizens who Renounced Citizenship to Avoid Taxation

Contact an experienced immigration lawyer to discuss the eligibility requirements for a special immigrant religious worker.

Client: A Bilingual Church in Detroit, Michigan
Client’s Country of Origin: China
Case Type: R-1 Nonimmigrant Religious Worker
Date of Application: January 23, 2014
Date of Approval: December 19, 2014

Background:
Our client, a small bilingual church, found an agreeable minister. It thus retained us to secure his status for short-term leadership development and service in the Detroit area.

Challenge:
These types of cases used to be easier, however, due to fraud in the first decade of this century, approval now takes longer to arrive. Reviewing officers read applications with greater scrutiny; therefore, applicants need to retain an experienced immigration lawyer.

Professional assistance can help gather and present evidence persuasively. Above all, a lawyers’ obligation to act professionally and ethically adds to the credibility of the case. Herman Legal Group has experienced Detroit and Dearborn immigration lawyers ready to be at your service.

Action:
We helped our client collect sufficient evidence and prove that the full-time religious worker:

1. Had two years of membership in the denomination.
2. Was hired by a registered church or bona fide religious organization.
3. The church had the ability to adequately compensate the full-time worker.
4. The full-time religious worker was invited to the U.S. solely for fulfilling religious occupation.

Result:
About 11 months later, our client’s minister could legally serve.

Client: A Church in Cleveland, Ohio
Client’s Country of Origin: China
Case Type: Religious Worker
Date of Application: March 25, 2014
Date of Approval: October 15, 2014

Background:
A church in Cleveland wished to hire a choice religious worker to expand its reach into the Chinese immigrant community and strengthen its existing community building efforts.

Challenge:
Some cases are challenging due to the difficulty of argument crafting; while others are challenging due to the tedium of evidence gathering. Religious worker status belongs to the later kind. Though more straightforward than other complicated cases, quality of evidence determines the strength of our argument. Given recent news of fraudulent applications, reviewing officers may be somewhat more skeptical than we may have expected. Therefore, careful documentation saved this case because the reviewer doubted the existence of the church that the minister used to serve. Our timely reply showing that religious meetings actually took place at the claimed location saved the case.

Action:
Herman Legal Group helped our client prove that:

1. The minister had been a member of the denomination for two years.
2. The church or religious organization was a bona fide religious organization.
3. The church or religious organization had sufficient resources to compensate the religious workers’ service.

Result:
After one request of evidence, our client’s case was approved in two and a half months.

Client: A Church in Columbia, Maryland (a suburb of Baltimore)
Client’s Country of Origin: Taiwan
Case Type: I-485 Application of Adjustment of Status Based on Employment
Date of Application: August 6, 2010
Date of Approval: November 22, 2010

Background:
A church near Baltimore, Maryland retained Herman Legal Group to secure a capable minister’s permanent resident status for long-term service. We thus filed an I-485 based on employment to achieve our client’s objective.

Challenge:
The I-485 application package for adjustment of status (often referred to as green card application or permanent residence application) is tedious. Such a package requires detailed proof for each and every listed criterion. After all, adjustment of status – from temporary to permanent – is a matter of great gravity. Thus, please consider seeking professional and legal assistance should your employee meet the criteria for adjustment to permanent resident status.

Action:
We helped our client prove that:

1. The hiring organization would continue to sponsor the beneficiary with further employment.
2. The beneficiary entered the U.S. with the inspection.
3. The beneficiary had no violations of status.
4. The beneficiary had no felony records.

Result:
Three months later, our client’s minister received permanent resident status and was clear to serve for the long run.

Client: A Church in Ann Arbor, Michigan
Client’s Country of Origin: Taiwan
Case Type: I-360 Petition for an Alien to be Classified as a Special Immigrant
Date of Application: April 6, 2010
Date of Approval: July 13, 2010

Background:
After five years of service, a church in Ann Arbor, Michigan wished to retain a capable minister for the long run. The church retained Herman Legal Group to secure immigration status for its choice of the religious worker from Taiwan.

Challenge:
Application of an immigration status requires long-term planning and meticulous evidence gathering. From the start, a serious applicant or beneficiary should consider consulting a reliable attorney. After all, this application package asks for more than a religious worker status application. Please remember, reviewers of faith-related status applications read with greater scrutiny. Professional assistance, in most cases, is indispensable. Our Michigan immigration lawyer is ready to be at your service.

Action:
Herman Legal Group helped our client prove that:

1. The minister had been a member of the denomination for two years.
2. The church or religious organization was a bona fide religious organization.
3. The church or religious organization had sufficient resources to compensate the religious workers’ service.

Result:
After one request of evidence, our client’s case was approved in two and a half months.

Client: A Church in Ann Arbor, Michigan
Client’s Country of Origin: Taiwan
Case Type: I-360 Petition for Alien to be Classified as a Special Immigrant
Date of Application: May 6, 2005
Date of Approval: September 29, 2005

Background:
Our client, a bilingual church in Ann Arbor, Michigan, wished to retain a capable and experienced minister on a long-term basis. Because Herman Legal Group had previously handled this minister’s religious worker status, we were also retained to apply for immigration status for him and his family.

Action:
Herman Legal Group’s experienced immigration lawyers in Detroit, Michigan helped our client prove that:

1. The minister had been a member of the denomination, a bona fide religious organization.
2. The minister had been carrying out religious work continuously for at least two years before the application.
3. The religious worker was in the U.S. solely for the purpose of acting as a minister in a professional capacity at the organization’s request.

Result:
Four months later, our client’s case was approved. The granting of immigration status to the minister became a helpful base for later I-485 (green card or permanent resident status) applications.

Client: A Church in Cleveland, Ohio
Client’s Country of Origin: Taiwan
Case Type: I-131 Application for Religious Immigration
Date of Application: June 7, 2005
Date of Approval: August 4, 2005

Background:
A church of a newer Christian denomination retained Herman Legal Group to secure immigration status for its full-timer worker from Taiwan. We prepared this application for the minister because he had often traveled internationally on behalf of the church.

Challenge:
Obtaining immigration status for a minister should only be for the purpose of religious work. You have to prove that the church worker is conducting church work instead of any other work. In the process of evidence, an experienced immigration lawyer is very helpful and will save you a lot of time and effort during the process. Moreover, you have to prove that there has been no problem with the law in the past, or there are some waivable reasons for any past offenses. Our Cleveland immigration lawyers are ready to provide you with any legal service needed.

Action:
We helped our client prove that the minister:

1. Was a national of another state.
2. Had no problem with the law.
3. Needed to conduct church business and to visit family overseas.

Result:
In less than three months, our client’s minister could travel internationally again.