To be eligible for lawful permanent residence as a religious worker, you must be a religious worker who for the past two years has been a member of a religious denomination which has a bona fide nonprofit, religious organization in the United States; and who has been carrying on the vocation, professional work, or other work described below, continuously for the past two years; and seeks to enter the U.S. to work solely:

1. As a minister or priest of that denomination; or

2. In a professional capacity in a religious vocation or occupation for that organization; or

3. In a religious vocation or occupation for the organization or its nonprofit affiliate.

Religious workers include ministers of religion who are authorized by a recognized denomination to conduct religious worship and perform other duties usually performed by members of the clergy such as administering the sacraments, or their equivalent.

Religious vocation means a calling to religious life, evidenced by the demonstration of a lifelong commitment, such as taking of vows. Examples include nuns, monks, and religious brothers and sisters.

Religious occupation means a habitual engagement in an activity that relates to a traditional religious function. Examples include liturgical workers, religious instructors or cantors, catechists, workers in religious hospitals, missionaries, religious translators, or religious broadcasters. It does not include janitors, maintenance workers, clerks, fundraisers, solicitors of donations, or similar occupations. The activity of a layperson who will be engaged in a religious occupation must relate to a traditional religious function. The activity must embody the tenets of the religion and have religious significance, relating primarily, if not exclusively, to matters of the spirit as they apply to the religion.

The religious worker must work for a "bona fide, nonprofit, religious organization" or a "bona fide organization which is affiliated with the religious denomination." A bona fide, nonprofit, religious organization is described in INS regulations as one that would be tax exempt under the Internal Revenue Code. The organization does not need to have ever sought tax exempt status, but need only prove to the INS that it is eligible for such status. A bona fide organization which is affiliated with a religious denomination is one closely associated with the religious denomination. It must also be eligible to tax exempt status under the Internal Revenue Code.

If the alien is to work as a professional, there must be evidence that the alien possesses a US bachelor’s degree or its foreign equivalent. If the work is in a religious vocation or occupation, the application must include evidence that the alien is qualified for that work. Such evidence could be proof that the alien is a monk or nun, or that the position is traditional within the organization. If the alien is to work with an affiliated organization, the employer letter must show the affiliation, and the application must include evidence of the organization’s tax exempt status.

The EB-4 special immigrant process does not require a labor certification.