For individuals dedicated to serving their faith, the U.S. offers a unique pathway to permanent residency through the EB-4 Special Immigrant Religious Worker visa. This category recognizes the vital contributions of religious professionals to communities across the nation. However, navigating this path, especially for non-ministers, has presented significant challenges in Fiscal Year 2025.

With the start of Fiscal Year 2026 just around the corner on October 1, 2025, understanding the nuances of the EB-4 religious worker category – particularly the crucial Non-Minister Sunset Provision – is more important than ever. If you’re a religious worker or an organization seeking to sponsor one, this guide will illuminate the renewed path to a Green Card.

Understanding the EB-4 Religious Worker Category

The EB-4 visa is designed for “special immigrants,” a broad category that includes religious workers. This pathway allows foreign nationals to immigrate to the U.S. to work in a religious vocation or occupation for a bona fide, non-profit religious organization.

There are two primary sub-categories within the EB-4 for religious workers:

1. Ministers of Religion: This classification applies to individuals authorized by a recognized religious denomination to conduct religious worship and perform duties usually reserved for ordained clergy (e.g., administering sacraments). The provision for ministers is a permanent part of U.S. immigration law and does not have an annual numerical cap.
2. Non-Minister Religious Workers: This includes individuals working in a religious vocation or occupation, such as monks, nuns, religious brothers and sisters, religious instructors, cantors, catechists, missionaries, and counselors. Unlike ministers, the provision for non-minister religious workers is not permanent; it’s subject to a “sunset” date and requires periodic reauthorization by Congress. There is also an annual cap of 5,000 visas for non-ministers.

The FY2025 Unavailability and the FY2026 Reset

Throughout Fiscal Year 2025, the EB-4 category, including the non-minister religious worker sub-category, experienced periods of unavailability. This meant that even if an I-360 petition was approved, immigrant visas (Green Cards) could not be issued due to high demand exceeding the annual limits.

The good news is that these annual limits will reset with the start of Fiscal Year 2026 on October 1, 2025. This means that new visa numbers will become available, and U.S. embassies and consulates can resume issuing immigrant visas in this category to qualified applicants whose priority dates become current according to the monthly Visa Bulletin.

The Non-Minister Sunset Provision: A Crucial Detail

For non-minister religious workers, the “sunset provision” is paramount. This refers to the statutory expiration date of the non-minister program. Historically, Congress has regularly extended this provision, but its temporary nature means that petitions for non-minister religious workers can only be filed, and permanent residency granted, before the sunset date is reached.

As of mid-2025, it’s essential for non-ministers and their sponsoring organizations to monitor legislative developments. While extensions have been the norm, securing approval within the validity period is critical.

Eligibility Criteria for EB-4 Religious Workers

Regardless of whether you are a minister or non-minister, the core requirements for an EB-4 religious worker Green Card include:

1. Membership: You must have been a member of the religious denomination for at least two years immediately preceding the filing of the I-360 petition.
2. Work Experience: You must have been working in the religious vocation or occupation (minister, professional religious worker, or religious vocation) continuously for at least two years immediately preceding the filing of the I-360 petition. This work can have been abroad or in the U.S. Breaks in service must be for further religious training or sabbatical and must not exceed two years.
3. Bona Fide Religious Organization: The U.S. petitioning organization must be a bona fide, non-profit religious organization (or a bona fide organization affiliated with a religious denomination) in the U.S. and must have been in existence for at least two years.
4. Full-time Compensated Position: You must be coming to the U.S. to work in a full-time (at least 35 hours per week) compensated position:
   • As a minister of the religious denomination.
   • In a religious vocation (a calling to religious life, usually evidenced by a vow or similar commitment).
   • In a religious occupation (a habitual engagement in an activity that relates to traditional religious functions).

Key Documentation for Your I-360 Petition

The process begins with the U.S. religious organization filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, on your behalf (or you may self-petition in some rare circumstances). Supporting documentation is vital to prove eligibility:

• Proof of Tax-Exempt Status: A copy of the IRS 501(c)(3) determination letter for the petitioning U.S. religious organization. If part of a group exemption, evidence of inclusion in that group.
• Proof of Religious Denomination: Evidence showing the organization possesses a common creed, form of worship, doctrine, services, and established places of worship.
• Attestation of Employer: The petitioning organization must complete the Employer Attestation section of Form I-360, confirming the nature of the religious organization, the religious work offered, and compensation details.
• Beneficiary’s Qualifications:
  • For Ministers: Copy of your certificate of ordination, evidence of acceptance by the denomination, and proof of completion of theological studies (or an explanation if not required by the denomination).
  • For Non-Ministers (Vocation/Occupation): Evidence of your membership in the denomination, proof of your religious vocation/occupation (e.g., vows, formal acceptance), and documentation of your prior religious work.
• Proof of Prior Religious Work: Evidence that you worked for two years immediately preceding the petition in the religious capacity, ideally with proof of compensation (e.g., W-2s, tax returns, pay stubs, verifiable statements of non-salaried compensation or support).
• Offer of Employment: A formal offer of employment from the U.S. religious organization for a full-time, compensated position.
• Organizational Literature: Brochures, publications, or other materials demonstrating the religious nature and purpose of the petitioning organization.
• Site Visits: Be aware that USCIS conducts pre-approval inspections through its Administrative Site Visit and Verification Program (ASVVP) for religious worker petitions to verify the bona fides of the organization and the position.

The Green Card Process: After I-360 Approval

Once USCIS approves your I-360 petition, the next step depends on your location and visa availability:

1. Visa Availability: You must wait for a Green Card visa number to become available based on your “priority date” (the date your I-360 was filed) and your country of chargeability, as indicated in the monthly Visa Bulletin issued by the Department of State. While ministers generally have immediate availability, non-ministers are subject to the 5,000 annual cap and may experience backlogs.
2. Adjustment of Status (AOS): If you are already in the U.S. and your priority date is current, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
3. Consular Processing: If you are outside the U.S., or prefer to apply from abroad, you will go through Consular Processing at a U.S. embassy or consulate in your home country. This involves an interview and submitting additional documents.

Path to U.S. Citizenship

After obtaining your Green Card as an EB-4 religious worker, you are on the standard path to U.S. citizenship through naturalization.

• Eligibility: Generally, you must be a Lawful Permanent Resident for at least five years. This period reduces to three years if you are married to a U.S. citizen and meet other specific criteria.
• Requirements: You must demonstrate continuous residence, physical presence, good moral character, and pass English and U.S. civics tests.
• Process: File Form N-400 (Application for Naturalization), attend biometrics and an interview, and participate in the Oath of Allegiance ceremony.

Conclusion

The EB-4 Religious Worker visa, particularly for non-ministers, involves specific criteria and critical deadlines tied to congressional reauthorization. With the shift from FY2025’s unavailability to FY2026’s new allocation, strategic planning is essential. Don’t let the intricacies of immigration law deter your mission. Contact LforLaw today for a consultation to discuss your EB-4 Green Card journey.