Religious Workers
Individuals who have been a member of a religious denomination for at least two years, which has status in the U.S. as a bona fide non-profit religious organization may petition for permanent residency status. In order to qualify, the individual must be coming to the United States solely for the purpose of:

• carrying on the vocation of a minister of that religious denomination. (A minister is an individual who is recognized by the religious denomination to conduct religious worship and to perform other duties usually performed by authorized members of the clergy of that religion. There must be a reasonable connection between the activities performed and the religious calling of the minister. A lay minister does not qualify under this section.)
• working for the organization at the organization's request in a professional capacity where the minimum of a U.S. baccalaureate degree or a foreign equivalent degree is required;
• in a religious vocation or occupation for the organization or a bona fide organization which is affiliated with the religious denomination. A religious vocation means a calling to religious life as evidenced by the demonstration of commitment practiced in the religious denomination, such as the taking of vows. Examples of individuals with a religious vocation include, but are not limited to nuns, monks, and religious brothers and sisters. A religious occupation means an activity which relates to a traditional religious function such as liturgical workers, religious instructors, religious counselors, cantors, catechists, workers in religious hospitals or religious health care facilities, missionaries, religious translators, or religious broadcasters. This group does not include janitors, maintenance workers, clerks, fundraisers, or persons solely involved in the solicitation of donations.

The religious organization must show that it is exempt from taxation as an organization described in section 501(c)(3) of the International Revenue Code of 1986 at the request of the organization, or that it would qualify as eligible if it had applied for tax exempt status. It must also show that immediately prior to the filing, the alien has the required two years of membership in the denomination and the required two years of experience, and otherwise can document his or her credentials. The petitioner must also document the work or services that the individual will be performing in the United States.

If you are a religious organization seeking to bring a minister, professional religious worker, or individual in a religious vocation or occupation to the United States, and would like assistance in preparing the immigrant visa petition, please contact Thomas Bassett and Associates. We have extensive experience in obtaining approved immigrant visa petitions to bring ministers, professionals, and other religious workers to the United States. To contact Thomas Bassett and Associates, please click here or call: 248/827-4110.

Other Special Immigrants
Other classes of special immigrants include:

• employees (officers or supervisors working in a managerial or executive capacity) of certain U.S. businesses operating in Hong Kong and who meet certain other criteria;

• certain aliens who have served honorably on active duty in the U.S. Armed Forces after October 15, 1978 (or are enlisted to serve) for at least 12 years, where the original enlistment was outside the United States (under a treaty or agreement in effect October 1, 1991) and who meet certain other criteria;

• certain scientists of the Commonwealth of the independent states of the former Soviet Union or the Baltic States (where the petition was approved on or before October 24, 1996) and who met certain other criteria;

• certain aliens declared dependent on a juvenile court (also known as special immigrant juveniles) who are eligible for foster care and where a determination has been made by the juvenile court that family reunification is no longer a viable option, and who meets certain other criteria; and

• returning residents who were outside the United States for a period of time beyond the statutory limitation because of circumstances beyond their control.

Back to Employment Based Immigration