What is an EB4 Visa and Who Qualifies?

An EB4 is an immigrant visas reserved for foreign workers immigrating to the US to perform duties of a religious worker. Applicants must prove that:

i) they are a member of a religious denomination for at least 2 years,

ii) who will work at a qualified organization,

iii) as a minister (religious professional, or those in another religious vocation are no longer eligible since this program expired on March 6, 2009).

“Religious denomination” is defined as a religious group or community of believers having some form of ecclesiastical government, a creed or statement of faith, some form of worship, a formal or informal code of doctrine and discipline, religious services and ceremonies, established places of religious worship, or comparable indicia of a bona fide religious denomination. The definition is not narrowly construed. For example, being a member of a Buddhist monastery would be considered for membership of a religious denomination. Even a tax-exempt inter-denominational religious organization may be treated as a religious denomination. Membership duration may be established by sworn statements from other members.

A qualified organization would be a non-profit religious organization in the United States, meaning that the organization either a tax-exempt 501(c)(3) religious organization, or that it would be eligible for such an exemption if it applied.

A “minister,” is defined as a person authorized by a denomination to perform religious worship. An authorizing official of the denomination in the US must declare the worker’s qualifications; therefore, a lay preacher can not be authorized.

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Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).