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Immigrant Visas
(Permanent Residency / Greencard)

Obviously, not all foreign nationals qualify for Permanent Resident status. Therefore, the first analytical step of a case is to determine whether the applicant's situation/basic fact pattern falls within any of the situations enumerated in the law for the acquisition of Permanent Resident status.

Pathway #1 Family-Based Immigration
Pathway #2 Employment-Based Immigration
  EB-1
  EB-2, Labor Certification
  EB-3, Labor Certification
  EB-4
  EB-5
Pathway #3 Refugee/Asylum: Fear of Persecution
Pathway #4 The Diversity Lottery Program
Pathway #5 Various Special Programs

 

Pathway #2 : Employment-Based Immigration - EB-4

The EB-4 classification includes 2 groups of foreign nationals:

  1. Religious workers - primarily ministers of religion.
  2. Employees and former employees of the U.S. Government abroad who are foreign nationals.

An employer should file-in USCIS Form I-360 with the USCIS Regional Service Center that has jurisdiction over the location of your employment. The beneficiary of this petition should have been working with his/her religious organization for at least two years. S/he should be entering the US to work in one of the following capacities:

  1. As a minister or priest of your religious denomination
  2. In a professional capacity in a religious vocation or occupation for your
  3. religious organization (this requires a bachelor's degree or its equivalent).
  4. In a religious vocation or occupation for your religious organization or its nonprofit affiliate.

Along with submitting Form I-360, the applicant should provide the following documents:

  1. Proof that his/her religious organization is a non-profit organization.
  2. A letter from an official of his/her religious organization in the US stating that s/he have been a member of the denomination for at least two years, and that you have at least two years experience in your vocation or occupation. The letter should also state certain details about his/her particular type of vocation/occupation.
  3. This letter should also state how the beneficiary will be paid for your work, and that s/he does not intend to supplement his/her income with a second job, or depend on charity for support.

NOTE: Immigration law changes frequently. The resources and information provided on this web site are intended to help you understand basic issues involved in the immigration process, and are offered only for general informational and educational purposes. This information is not offered as, nor does it constitute legal advice or legal opinions. Although we strive to keep this information current, we neither promise nor guarantee that the information is the latest available, or that it applies to your specific situation. You should not act or rely upon the information in these pages without seeking the advice of an attorney.

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