Overview
This green card is for ministers and for non-ministers in a religious vocation or occupation who come to, or stay in, the U.S. to do religious work in a full-time, paid position. It belongs to the employment-based fourth preference (EB-4, special immigrants). In 1990, Congress amended the Immigration and Nationality Act (INA) to create a special immigrant status covering both ministers and non-ministers in religious vocations and occupations.[1,7,8]
No labor certification from the U.S. Department of Labor is needed. By law, special immigrants share up to 7.1% of the yearly worldwide level of employment-based visas, and no more than 5,000 of those visas a fiscal year may go to non-minister religious workers. That 5,000 limit does not cover ministers.[9,10]
| Symbol | Class | Section of law |
|---|---|---|
| SD1 | Minister of religion | INA 101(a)(27)(C)(ii)(I) & INA 203(b)(4) |
| SD2 | Spouse of SD1 | INA 101(a)(27)(C)(ii)(I) & INA 203(b)(4) |
| SD3 | Child of SD1 | INA 101(a)(27)(C)(ii)(I) & INA 203(b)(4) |
| SR1 | Religious worker (non-minister) | INA 101(a)(27)(C)(ii)(II) & (III), as amended & INA 203(b)(4) |
| SR2 | Spouse of SR1 | INA 101(a)(27)(C)(ii)(II) & (III), as amended & INA 203(b)(4) |
| SR3 | Child of SR1 | INA 101(a)(27)(C)(ii)(II) & (III), as amended & INA 203(b)(4) |
Minister or non-minister
The category has two tracks, compared below.
Minister (SD)
- A minister is fully authorized by a religious denomination, and fully trained by its standards, to conduct worship and perform the other duties usually performed by its clergy, and performs activities with a rational relationship to that religious calling. A lay preacher, or anyone not authorized to perform clergy duties, does not qualify. In the U.S. you must work solely as a minister, which may include administrative duties incidental to that role.[12]
- State Department guidance gives examples: commissioned officers of the Salvation Army, and practitioners and nurses of the Christian Science Church, are ministers; Christian Science readers and lecturers are not, but could qualify in a religious vocation or occupation. The ceremony conferring monkhood in Buddhism is generally recognized as the equivalent of ordination.[9]
Religious vocation or occupation (SR)
- A religious vocation is a formal lifetime commitment to a religious way of life, made through vows, investitures, ceremonies or similar signs. The denomination must have a class of people whose lives are dedicated to religious practices and functions, as distinguished from its secular members. Examples are nuns, monks, and religious brothers and sisters.[12]
- A religious occupation must meet all of these: the duties primarily relate to a traditional religious function and are recognized as a religious occupation within the denomination, and they primarily relate to, and clearly involve, inculcating or carrying out the denomination's creed and beliefs. Primarily administrative or support positions, such as janitors, maintenance workers, clerical employees and fund raisers, do not count, although limited administrative duties incidental to religious functions are allowed. Religious study or training is not a religious occupation.[12]
Who qualifies
Whether your history fits these rules depends on the facts; an immigration attorney can assess it.
- For at least the two years immediately before the petition is filed, you have been a member of a religious denomination that has a bona fide non-profit religious organization in the U.S. The membership must be in the same type of denomination as the U.S. organization where you will work.[12]
- You are coming to work full time (an average of at least 35 hours a week) in a paid position: solely as a minister of that denomination, or in a religious vocation or occupation, in either a professional or nonprofessional capacity. The employer must be a bona fide non-profit religious organization in the U.S., a religious organization authorized by a group tax exemption holder to use its group exemption, or a bona fide organization affiliated with the denomination. An organization in the first or last group must hold a currently valid determination letter from the Internal Revenue Service (IRS) confirming its 501(c)(3) tax exemption.[1,12]
- You have worked in one of those positions continuously for at least the two years immediately before the filing, after age 14, either abroad or in lawful immigration status in the U.S. The earlier work does not have to match the new job exactly.[12]
- A break in those two years of work does not hurt eligibility if all of these are true: you were still employed as a religious worker, the break lasted no more than two years, and it was for further religious training or a sabbatical that did not involve unauthorized work in the U.S. You must still have been a member of the petitioner's denomination throughout the two years of qualifying work.[12]
What goes with Form I-360
- The employer attestation: an authorized official of the employer must complete, sign and date it, and it is filed with Form I-360. A self-petitioner who is also an authorized official of the employer may sign it. Among other things, it states the organization's number of members, the number of employees at the location where you will work, the position with its full pay package and daily duties, that you will work at least 35 hours a week, that you will not do secular work, and that the money to pay you does not come from you, apart from reasonable donations or tithing.[12,13]
- Proof of tax-exempt status: a currently valid IRS determination letter for the organization, or for the group it belongs to under a group exemption. Under a group exemption, USCIS also asks for documents showing the organization is covered, such as a letter from the parent organization authorizing it to use the exemption. An affiliated organization that is tax-exempt as something other than a religious organization also needs documents showing its religious nature and purpose, its literature, and a religious denomination certification. USCIS says that certification should be signed by an organization other than the employer, attesting that the employer belongs to the same denomination.[1,12]
- Proof of pay: verifiable evidence of how the employer will pay you, in salary or in kind, such as past pay for similar positions, budgets setting money aside for salaries, or documents showing room and board will be provided. If IRS documents such as Form W-2 or certified tax returns are available, they must be provided; if not, explain why and give comparable, verifiable documents.[12]
- If you are a minister: your certificate of ordination or similar documents, plus proof that the denomination accepts your qualifications and that you completed any theological education it requires at an accredited theological institution (transcripts, curriculum, accreditation). If the denomination does not require theological education, show its requirements for ordination, the duties ordination allows, its levels of ordination (if any), and that you completed its requirements.[12]
- Proof of the two years of prior religious work. For work in the U.S. with a salary: IRS documents such as Form W-2 or certified copies of income tax returns. With non-salary pay: IRS documentation if available. With no salary: documents showing how you supported yourself and any dependents, such as audited financial statements or financial institution records. For work abroad: comparable evidence.[12]
- If the petitioner believes one of these requirements substantially burdens the organization's exercise of religion, it may ask for an exemption under the Religious Freedom Restoration Act (RFRA). The written request should come with the initial filing and explain how the requirement forces participation in an activity prohibited by a sincerely held religious belief, or prevents conduct motivated by one. The petitioner must support the request with documents, and USCIS decides each request case by case.[1]
On-site inspections
USCIS may verify the evidence by any means it considers appropriate, up to an on-site inspection of the organization. An inspection may include a tour of the facilities, interviews with officials and a review of records, and may cover the headquarters, satellite locations or your planned work site. If USCIS decides to inspect before approval, satisfactory completion of the inspection is a condition for approval. The employer must give the physical address where you will work, and USCIS may also inspect after deciding the petition to verify your hours, pay and duties.[1,12]
Fees
| Item | Amount | When it applies |
|---|---|---|
| Form I-360 | $515 | Each religious worker petition, whether the employer files or you self-petition |
| Form I-485 | $1,440 paper / $1,390 online | Each person adjusting status in the U.S.; a child under 14 filing together with a parent's I-485 pays $950 paper / $900 online |
| Form I-765 work permit | $260 | With a pending I-485 filed with its fee on or after April 1, 2024 ($0 if that I-485 was filed and paid on or after July 30, 2007, and before April 1, 2024) |
| Form I-131 advance parole | $630 paper / $580 online | Travel permission while your I-485 is pending ($0 if that I-485 was filed and paid on or after July 30, 2007, and before April 1, 2024). U.S. Customs and Border Protection (CBP) may also charge a separate parole fee at the port of entry unless an exception applies |
| Immigrant visa application (State Department) | $345 or $205 per person | 22 CFR 22.1 lists $345 for employment-based applications and $205 for other immigrant visa applications, including I-360 self-petitioners and special immigrant visa applicants. The National Visa Center (NVC) collects the fee that applies to your case |
| USCIS Immigrant Fee | $235 | Each person immigrating to the U.S. as a permanent resident with an immigrant visa |
Priority date and the Visa Bulletin
Your priority date is the date USCIS accepts your I-360 for processing. A visa is available when that date is earlier than the cut-off date for your category and country of chargeability (usually your country of birth) in the applicable chart of the State Department's monthly Visa Bulletin; "C" means current and "U" means visas are temporarily unavailable. Unless USCIS's filing-charts page says otherwise, use the Final Action Dates chart to decide when to file Form I-485. For non-ministers, the State Department also points to the current Visa Bulletin for whether visas are authorized under the program. The chart below shows the current month.[9,15]
Visa Bulletin · EB-4-RW · Oct 2026
Official| Chargeability | Final action date | vs. last month | Date for filing |
|---|---|---|---|
| All countries (incl. Taiwan) | — | — | Jan 1, 2025 |
| China (mainland-born) | — | — | Jan 1, 2025 |
| India | — | — | Jan 1, 2025 |
| Mexico | — | — | Jan 1, 2025 |
| Philippines | — | — | Jan 1, 2025 |
USCIS accepts the Date for filing chart for employment-based I-485 filing in Oct 2026.
Source: USCIS — When to File Your Adjustment of Status Application: October 2026 (USCIS's copy of the Visa Bulletin chart it designated) · Retrieved Oct 12, 2026
Spouse and children
Your spouse and unmarried children under 21 may come with you, follow to join you later, or adjust status in the U.S. as your dependents: SD2 and SD3 for a minister's family, SR2 and SR3 for the family of a non-minister religious worker. For non-ministers, the program's end date applies to the spouse and children too.[1,11]
High confidence A spouse or child acquired after your immigrant visa is issued but before you enter the U.S., or a child born of a marriage that existed when you were admitted, is entitled to the same EB-4 status. A child who turns 21 may still count as a child under the Child Status Protection Act (CSPA): the CSPA age is the child's age when a visa becomes available minus the days the petition was pending. The child must stay unmarried and must seek to acquire permanent residence within one year of the visa becoming available, for example by filing Form I-485 or submitting Part 1 of Form DS-260. An immigration attorney can do this calculation with your dates.[9,16]
Applying inside the U.S. (Form I-485)
High confidence You cannot file Form I-485 together with the I-360. Under 8 CFR 245.2, an I-485 may go in with, or while waiting on, the petition only for immediate relatives, the family preferences and the first three employment-based preferences (EB-1, EB-2, EB-3); for any other classification, including this one under INA 203(b)(4), the I-485 may be filed only after USCIS approves the petition. USCIS's concurrent-filing page names some EB-4 groups that may file together, such as special immigrant juveniles; religious workers are not among them. You also need an immigrant visa immediately available when you file.[2,12,17]
High confidence You must be physically present in the U.S. when you file. Employment-based applicants, which includes EB-4 religious workers, are generally barred if they are not maintaining lawful nonimmigrant status when they file, have ever worked without authorization, or have violated the terms of a nonimmigrant admission. The rules have exceptions, and an immigration attorney can check whether one fits your history.[12,18]
While the I-485 is pending, you may apply for a work permit (Form I-765) and for advance parole (Form I-131) to travel. Leaving the U.S. without advance parole generally counts as abandoning the I-485. USCIS cannot approve the I-485 until the State Department allocates an immigrant visa number.[2,4,19]
Applying from abroad
If you live outside the U.S., USCIS forwards the approved I-360 to the State Department's National Visa Center (NVC). The NVC collects fees and documents and tells you when a visa number is about to become available; the consulate then schedules your interview. After the visa is issued, you pay the USCIS Immigrant Fee (USCIS encourages paying it online before you travel), and once U.S. Customs and Border Protection (CBP) admits you at the port of entry, you are a permanent resident.[3,12]
High confidence For non-minister religious workers and their families, State Department guidance tells consular officers that the immigrant visa must be issued and used before the program's end date, and to make sure applicants have travel plans to enter the U.S. before it. Getting the visa is not enough: you need to enter in time.[1,9]The State Department manual section still shows an earlier end date; the current date is on the USCIS page (Dec. 11, 2026, as of this review).
Common mistakes
- Counting U.S. work done without authorization. Prior religious work gained in the U.S. counts only if U.S. immigration law authorized it, and a break for training or a sabbatical must not have involved unauthorized work.[12]
- Offering a part-time or mainly administrative job. The green card position must average at least 35 hours a week (the temporary R-1 visa needs an average of at least 20), and primarily administrative or support roles, such as clerical work or fund-raising, are not religious occupations.[12,20]
- Paying the worker with the worker's own money. The employer must attest that it can and will pay you at a level that keeps you and your family from becoming public charges, and that the funds do not include money obtained from you, other than reasonable donations or tithing.[12]
Recent policy changes
- Oct. 7, 2026: USCIS changed the filing location for Form I-360. If you file by mail, check the Direct Filing Addresses for Form I-360 page for where to send it based on your reason for filing.[13]
Recent policy changes
Official- Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for InflationOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for InflationOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- Fiscal Year 2027 Inflation Adjustment to H.R. 1 Immigration FeesOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee RuleSep 30, 2026 · Federal Register (federalregister.gov API) · Status: Final rule · Not yet reviewed
- USCIS Announces FY 2027 Inflation Increase for Certain Immigration-Related FeesSep 30, 2026 · USCIS alerts RSS feed · Not yet reviewed
Ask WELIVEINUSA Visa
Ask WELIVEINUSA Visa
Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".
Questions people ask
Can I file the I-360 for myself?
Yes. A U.S. employer may file it, or you may file on your own behalf. Either way, an authorized official of the employer must sign the employer attestation; you may sign it yourself only if you are also an authorized official of that employer.[1,12]
Can we pay for premium processing?
High confidence Premium processing is not listed for this petition: 8 CFR 106.4 lists the requests designated for premium processing, and a petition under INA 203(b)(4) is not among them. Instead, a nonprofit organization whose request furthers the cultural or social interests of the U.S. may ask USCIS to expedite. The request must show the urgent need based on your specific role, and USCIS decides at its sole discretion. If the organization is selected for a pre-adjudication site visit, USCIS cannot process the expedite request until a successful compliance review is completed.[1,21]
I am on an R-1 visa now. Does applying for the green card affect it?
R-1 workers must keep the intent to leave when their stay ends, but USCIS may not deny an R-1 petition, admission, change of status or extension of stay solely because an immigrant visa petition has been filed or approved for you. Your total time in R-1 status cannot exceed five years; only time spent physically in the U.S. in valid R-1 status counts, and the limit does not apply to workers whose U.S. work was seasonal, intermittent or six months or less a year, or who live abroad and commute to work part time. You may work only for the religious organization through which you got R-1 status.[19,20]
My past religious work was unpaid. Can it count?
The regulation addresses this case. If you worked in the U.S. without a salary but supported yourself and any dependents, the petitioner must show how that support was maintained, with documents such as audited financial statements, financial institution records, brokerage account statements or trust documents signed by an attorney. U.S. work must still have been authorized under U.S. immigration law, and the two years must meet the other conditions above.[12]
What if the non-minister sunset date passes before my case is finished?
High confidence The regulation says that after the date in the law, immigration or adjustment of status in this category is limited solely to ministers, and USCIS says the end date also applies to non-ministers' spouses and children. Congress has changed the date several times, most recently through P.L. 119-103, so check the USCIS page for the current date. An immigration attorney can review what a change, or no change, would mean for your case.[1,6,12]
Related categories
Content last reviewed: Oct 18, 2026 · General information, not legal advice.
Sources
- 1.Special Immigrant Religious Workers - USCISUSCIS · Agency page · Checked Oct 18, 2026
- 2.8 CFR 245.2 — Application (adjustment of status)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 3.Consular ProcessingUSCIS · Agency page · Checked Sep 27, 2026
- 4.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
- 5.8 CFR 106.2 - USCIS feeseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 6.8 U.S.C. 1101 (INA 101) - Definitions, incl. 101(a)(15)(E), (H), (L), 101(a)(44), 101(a)(45)U.S. House of Representatives, Office of the Law Revision Counsel · Statute · Checked Sep 27, 2026
- 7.Employment-Based Immigration: Fourth Preference EB-4 - USCISUSCIS · Agency page · Checked Oct 18, 2026
- 8.Green Card for a Religious Worker (Minister or Non-minister) - USCISUSCIS · Agency page · Checked Oct 18, 2026
- 9.9 FAM 502.5 SPECIAL IMMIGRANTSU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
- 10.8 U.S.C. 1153 (INA 203) — Allocation of immigrant visasOffice of the Law Revision Counsel, U.S. House of Representatives · Statute · Checked Sep 27, 2026
- 11.22 CFR 42.11eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 12.8 CFR 204.5 - Petitions for employment-based immigrantseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 13.I-360, Petition for Amerasian, Widow(er), or Special Immigrant - USCISUSCIS · Form / instructions · Checked Oct 18, 2026
- 14.22 CFR 22.1 - Schedule of fees for consular services (Department of State)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 15.Visa Availability and Priority DatesUSCIS · Agency page · Checked Sep 27, 2026
- 16.Child Status Protection Act (CSPA)USCIS · Agency page · Checked Sep 27, 2026
- 17.Concurrent Filing of Form I-485USCIS · Agency page · Checked Sep 27, 2026
- 18.8 CFR 245.1eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 19.8 CFR 274a.12 - Classes of aliens authorized to accept employmenteCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 20.R-1 Nonimmigrant Religious Workers - USCISUSCIS · Agency page · Checked Oct 18, 2026
- 21.8 CFR 106.4 - Premium processing serviceeCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026