Similar to the R-1 Religious Worker program, the petitioning U.S. organization must be:

• Non-Profit: A 501(c)(3) religious organization OR a tax-exempt organization affiliated with a religious denomination. Examples include churches, religious training and missionary institutions (e.g. YWAM, University of the Nations, Circuit Riders, Bethel, Cru, Young Life, Youth For Christ, Navigators, Compassion), as well as convents etc.
• Denominational Membership: Part of a recognized “denomination”. USCIS grants a broad definition of what constitutes a denomination.

The proposed religious worker must be:

• 2-year membership: A member of the petitioning organization (or member of the same religious denomination as the petitioning organization) for at least two years immediately preceding the filing of the petition, AND
• 2-year work history: Have been working for the petitioner for at least 2-years, in a compensated capacity. Prior R-1 work as a volunteer, or as a self-supported R-1 do not qualify. Compensated may, however, include in-kind compensation (such as room and board).

A qualifying religious position should be:

• Religious in Nature: The work should clearly be religious. Generally, primarily administrative roles do not qualify, but incidental administrative duties are permitted.
• Paid or Unpaid?: For the EB-4 RW, unlike the R-1, the position must be compensated (either monetarily, or via in-kind benefits such as room and board).
• Full-Time: The position must be full-time (at least 35 hours per week). Unlike the R-1 program, part-time positions do not qualify.
• Permanent: The employment offer must be permanent.

When the EB-4 RW petition is filed, you are assigned a “priority date” – your place in the queue to be eligible to file for a green card. Each month the U.S. Department of State issues a “visa bulletin” stating which priority dates are eligible to proceed to the final stages of obtaining a green card (i.e. via Consular Processing [while outside the U.S.] or an Adjustment of Status [within the U.S.]. Unfortunately, this currently takes several years.

Until then, religious workers are expected to continue on R-1 status or another such status (see below) while they wait. If while waiting the 5-year R-1 limitation is reached, the Religious Worker most likely will need to depart the United States and either re-apply for another R-1 after a one-year absence, or, wait outside the United States and proceed via obtaining an immigrant visa/green card at a U.S. Embassy or Consulate.

Other statuses? While waiting, if an R-1 is going to reach the 5-year limitation, they may consider changing status. Examples include F-1 (to undergo further religious study, related to the field), or, if eligible, H-1B via qualifying work at a cap-exempt institution of higher education (if the EB-4 RW sponsor is a subsidiary of that institution, or in formal agreement with it.)

What is the future of the EB-4 RW program? Currently, there are early-stage proposed legislative changes (H.R.2672 and S.1298) to omit the 5-year limit on R-1’s. If this is removed, then there may be the possibility to continue to work in the United States as an R-1 while you wait, before filing for an Adjustment of Status to seek permanent residency.

• Legal Fees: As a general guideline our competitive fees for the preparation and filing of an EB-4 RW petition are around $2,500.
• Government Filing Fees*: Government filing fees for the EB-4 NIW petition are, at the time of writing, $515.00.
• Note: An EB-4 RW petition is just the first stage of a two stage process to obtain a green card via the Special Immigrant Religious Workers program. Additional legal and filing fees will be due once the worker is eligible to proceed to the final stages of permanent residency, either via Consular Processing (outside the U.S.) or as an Adjustment of Status (within the U.S.).

* Note: Government filing fees change regularly. For up-to-date fees, verify the USCIS Fee Schedule here.