Fourth Preference: The Special Immigrant Category

Introduction

Foreign nationals seeking to obtain Permanent Residence through
employment may do so by qualifying for one of several categories
of employment-based immigration. Employment-based immigration
generally requires a strong showing that the foreign worker is one
of the finest in his/her field OR that there are no qualified U.S.
workers to fill the position.

A rather unusual immigrant visa category is the Fourth Preference
Category for Special Immigrants. “Special immigrants” are religious
workers much in the same vein as those nonimmigrant workers
who are afforded the R nonimmigrant category.

Immigration Law Associates, PC is well versed and experienced in
preparing Special Immigrant permanent residence applications on
behalf of religious workers seeking to offer their talents and skills
for religious employment in the U.S.

Elements of Special Immigrant Category Strategy

• An immigrant visa for a religious worker (other than
  a minister of religion) can bear a validity date no later
  than 9/30/03. This date is the new sunset date for
  the religious worker provisions.

• There Are Three (3) Categories To Which Religious
  “Special Immigrants” Can Belong In Order To Qualify
  For The “Special Immigrant” Class:

1. Ministers of Religion;
2. Professionals Working in Religious
   Vocations or Occupations; OR
3. Other Workers in Religious Vocations
   or Occupations: Must Work For U.S.
   Nonprofit, Religious Organizations or
   at Nonprofit, Religious Organizations
   Affiliated with Qualified Religious
   Denominations).

• Religious Special Immigrants Must Satisfy Certain
  Requirements In Order To Qualify: 

1. The religious worker seeking Special
   Immigrant status must have been a
   member of a religious denomination
   having a bona fide, nonprofit, religious
   organization in the United States; AND
2. He/she must have been carrying on
   religious work continuously, either
   abroad or in the U.S. for at least two
   (2) years immediately preceding the
   filing of the application;
3. He/she must be coming to the U.S.
   solely for the purpose of:

   1. Acting as a
      minister;
   2. Working in a
      professional
      capacity in a
      religious vocation
      or occupation
      for a religious
      organization
      and at the
      organization’s
      request; OR
   3. Working in a
      religious vocation
      or occupation
      for a religious
      organization
      or an affiliated
      organization.

• To qualify as a minister, the applicant must be authorized
  by a recognized religious denomination to conduct religious
  worship and to perform other duties usually performed by
  authorized members of the clergy of that religion.



• Qualifying “religious organizations” are organizations exempt
  from taxation as described in the Internal Revenue Code of
  1986 or organizations that can satisfy the INS’ eligibility
  rules for tax-exempt status.



• A qualifying “religious occupations” are activities that relate
  to a traditional religious function- e.g., liturgical workers,
  religious instructors, cantors, catechists, workers in religious
  hospitals or religious healthcare facilities, missionaries,
  religious translators, religious broadcasters.


• A qualifying “religious vocation:” is defined as “a calling to
  religious life” evidenced by the demonstration of commitment
  practiced in the religious denomination, such as the taking of
  vows –e.g., nuns, monks, and religious brothers and sisters.


• A qualifying “religious denomination” is defined as a “religious
  group or community of believers” having:

1. Some form of ecclesiastical government;
2. A creed or statement of faith;
3. Some form of worship;
4. A code of doctrine and discipline;
5. Religious services and ceremonies
6. Established places of religious worship
7. Religious congregations; or
8. Comparable indicia of a bona fide religious
   organization

• To qualify as a “Special Immigrant Worker” in a “professional
  capacity,” the applicant must seek to engage in an activity in
  a religious vocation or occupation for which the minimum of
  a U.S. baccalaureate degree or a foreign equivalent degree
  is required.

Strategic Special Immigrant Concepts

Strategic Special Immigrant Category Concepts are key ideas
that can govern an employer or foreign national’s use of the
Special Immigrant visa category. These ideas are also important
considerations that may guide when and if a Special Immigrant
Permanent Residence petition might be utilized and whether
an employer and/or prospective foreign employee might
consider perhaps another immigrant visa category or
perhaps even a nonimmigrant visa category.

• Substantial Information Including Documentation Indicating
  a Petitioner’s Tax Exempt Status, Group Designation Letters,
  Letter(s) From An Authorized Official of the Petitioning
  Religious Organization in the United States Will
  Generally Be Required.