EB4 Visa: Green Card for Religious Workers and Special Immigrants

The EB-4 visa is the fourth preference employment-based green card category, reserved for “special immigrants.” Unlike other employment-based visas that focus on job skills or investments, EB-4 covers a diverse group of individuals who qualify for U.S. permanent residence under special circumstances defined by law. The most commonly known EB-4 beneficiaries are religious workers - missionaries, ministers, or other religious professionals seeking a green card. In fact, EB-4 is often informally called the “religious worker green card.” However, EB-4 encompasses more than just clergy. It includes categories such as certain Special Immigrant Juveniles, U.S. government translators or employees abroad, military interpreters, and more.

In this guide, we’ll primarily explain the EB-4 religious worker green card process (since that’s a major use of EB-4) - who qualifies, the requirements, and how to apply. We’ll also give an overview of other EB-4 subcategories, and important timing factors like the current EB-4 visa backlog and program expiration dates for religious workers. If you’re a religious worker or otherwise qualify as a “special immigrant,” this will clarify how you can obtain U.S. permanent residency through EB-4.

Who Qualifies for EB-4? (Special Immigrant Categories)

Under U.S. immigration law, several unique groups are eligible for EB-4 classification. EB-4 is not a single type of job - it’s a collection of special categories. According to USCIS, the following special immigrants can qualify for the fourth preference visa:

• Religious Workers: Individuals coming to work in the U.S. as ministers or in other religious vocations/occupations for a bona fide nonprofit religious organization (we detail this category below).
• Special Immigrant Juveniles (SIJ): Children present in the U.S. who have been abused, neglected, or abandoned by their parents and have a juvenile court order for their custody/placement. (This provides a path to residency for vulnerable youth.)
• Certain Broadcasters: Foreign national broadcasters working for the U.S. Agency for Global Media or a similar organization.
• Employees of U.S. Foreign Service Posts: Long-serving employees of the U.S. government abroad (and certain of their family members).
• Employees of International Organizations and NATO-6: Individuals who worked for qualifying international organizations (like the UN) or NATO in the U.S., and their eligible family members, who meet specific tenure requirements.
• Members of the U.S. Armed Forces: Certain foreign national members of the U.S. Armed Forces.
• Panama Canal company or Canal Zone government employees: Certain individuals who were employed by the Panama Canal Company or Canal Zone Government before the canal transfer.
• Certain Physicians (1977 exemption): A very limited provision for doctors who meet a specific 1977 law criteria.
• Informants (S Visa holders): Certain aliens who have supplied information to U.S. law enforcement (criminal or terrorist informants).

As you can see, EB-4 is a catch-all category. Each of these has its own detailed criteria. By far the largest subgroups in EB-4 usage are religious workers and Special Immigrant Juveniles. For our focus, we’ll now turn to the religious worker green card, since that is a common EB-4 path for individuals working with churches, mosques, temples, and other religious institutions.

Important: If you do not fall into one of the EB-4 special immigrant groups above, you will need to pursue a different employment-based green card category (such as our EB-2 visa guide or EB-3 visa guide). EB-4 is only for those specific classes.

EB-4 Religious Worker Green Card (Requirements for Religious Workers)

If you are a minister, priest, imam, rabbi, or a lay person in a religious vocation or occupation, the EB-4 religious worker green card allows you to become a U.S. permanent resident based on your religious work. Here are the key requirements and features:

• Qualifying Religious Job: You must be coming to the U.S. to work in a full-time, compensated religious position. This falls into two categories:
  • Minister: You are authorized and trained by your denomination to conduct religious worship and perform other clergy duties (essentially, an ordained minister or the equivalent).
  • Non-Minister Religious Worker: You will work in a religious vocation or occupation for a nonprofit religious organization. “Religious vocation” typically means a calling to religious life evidenced by lifelong commitment (such as nuns, monks, religious brothers/sisters). “Religious occupation” means a job primarily involving religious functions (like a religious instructor, missionary, cantor, or religious school counselor), not positions like janitors or clerical workers - it must be inherently religious.
• Employment by a Nonprofit Religious Organization: The U.S. organization employing you must be a bona fide nonprofit religious organization (or affiliated with a religious denomination and nonprofit) that is exempt from taxation (i.e., 501(c)(3) status). Essentially, it should be a church, temple, mosque, or a religious nonprofit affiliated with a denomination. You cannot get an EB-4 through a for-profit company or a purely secular nonprofit.
• 2 Years of Membership and Experience: You must have been a member of the religious denomination for at least 2 years immediately before filing the petition. Additionally, you must have at least 2 years of experience in a religious vocation or occupation. Importantly, the 2 years of experience don’t have to be immediately prior or continuous - and it can be abroad or in the U.S. (time spent on a R-1 religious worker visa counts). But any breaks in religious employment should have been for acceptable reasons like further religious training, and you must have remained a member of the denomination throughout that period.
• Full-Time Work: The job in the U.S. must be full time (average 35 hours/week or more) and paid. Volunteer work does not count for the green card (though volunteer service can be part of your background, the green card is for a permanent, compensated position). The organization needs to show it can provide salaried or stipend support to you.
• Filing the Petition (Form I-360): The green card petition for a special immigrant religious worker is filed on Form I-360. A U.S. employer (the religious organization) can file on your behalf, or you can file it yourself with an endorsement from the organization. In practice, the petition package will include a letter from the religious organization, evidence of its nonprofit status, proof of your membership and qualifications (ordination certificate, etc.), and proof of your prior religious work experience.
• Ministers vs. Non-Ministers (Sunset Date): A critical distinction - the EB-4 program for non-minister religious workers has a sunset date. Currently, Congress has extended it through September 30, 2025. This means non-ministers (religious brothers, nuns, etc. and religious lay workers) must immigrate or adjust status by that date unless the law is extended again. Ministers (clergy) are not subject to this expiration - their green card path is permanent in the statute. In other words, if you are a minister, EB-4 is available without a time limit; if you are a non-minister, the EB-4 option could lapse if not periodically renewed by Congress. (Historically, this program has been extended in one- to three-year increments by Congress as part of budget bills.)
• Background Checks and Site Visits: Religious worker petitions often undergo scrutiny for fraud. USCIS may conduct a site visit to the employing organization to verify that it is real, that you actually work there, etc. Make sure all information provided is truthful and the organization is prepared to demonstrate your employment.

In summary, to qualify for an EB-4 religious worker green card, you need a combination of a the right kind of employer, the right kind of job, and the right personal history of religious commitment. Many candidates first come to the U.S. on an R-1 visa (temporary religious worker) to work for the organization, and then after 2 years, the organization sponsors them for EB-4. But direct consular filing for EB-4 is also possible if you meet the criteria and are abroad.

EB-4 Application Process (How to Apply and Timeline)

The application for an EB-4 green card generally involves two main steps, similar to other employment categories: first, the petition (Form I-360) must be approved by USCIS; second, you file for the actual green card (immigrant visa or adjustment of status). Here’s how it works:

1. File the Form I-360 Petition: The petitioner (either the religious organization or you with their endorsement) submits Form I-360 to USCIS, with all supporting evidence. For a religious worker, this includes:

• Documentation of the organization’s nonprofit status and affiliation with a religious denomination (e.g., IRS 501(c)(3) determination letter).
• A letter from an official of the organization detailing the job offered to you, your duties, and confirming the full-time, permanent nature of the position and how you meet the requirements.
• Evidence of your membership in the denomination for 2+ years (letters or records from churches, etc.).
• Evidence of your prior religious work experience for 2+ years (pay stubs, letters from employers, etc.).
• Proof of your qualifications (ordination certificates if minister, etc.).
• Financial statements or budgets showing the organization’s ability to pay you (since it’s a permanent job).

USCIS will review the I-360 petition. This can take several months to over a year depending on their workload. There is no premium processing available for I-360 petitions, unlike the I-140 in other categories. So patience is required. (Special Immigrant Juvenile petitions can take even longer due to demand.)

2. Wait for Petition Approval & Visa Availability: Once the I-360 is approved, you must wait for an immigrant visa to be available. EB-4 has an annual cap of about 9,940 visas (7.1% of the worldwide employment limit)travel.state.gov. Many years, EB-4 visas are fully used. In fact, in FY2025, the EB-4 visa numbers were exhausted by late February 2025, making the category unavailable for the rest of the fiscal year. Practically, this means if your EB-4 petition is approved when visas are “unavailable,” you will have to wait until October (the next fiscal year) when the annual quota resets. There is also a per-country cap, but EB-4 is typically oversubscribed worldwide due to demand from certain categories (particularly SIJ cases). The Visa Bulletin in mid-2025 lists EB-4 as “Unavailable” for all countries until FY2026. This is a temporary situation; new visas will be available in October. Keep an eye on the Visa Bulletin - in normal times, EB-4 is often current, but in periods of high usage it can backlog or go unavailable. If backlogged, your priority date (the filing date of the I-360) will determine when you can move forward.

3. File for Adjustment of Status or Immigrant Visa: Once an EB-4 visa is available and your I-360 is approved, you can apply for the green card itself:

• If you are in the U.S. in a lawful status, you will file Form I-485 Adjustment of Status. You can also file for a work permit (EAD) and advance parole travel document at the same time. After filing, you and your family (spouse and under-21 unmarried kids) will get biometrics and eventually a green card interview at USCIS. Because EB-4 religious worker cases are employment-based, you might get an interview or USCIS could waive it. Once approved, you become a permanent resident.
• If you are outside the U.S., you will go through Consular Processing. The National Visa Center will collect civil documents (police clearances, birth certificates, etc.) and then schedule you for an immigrant visa interview at the U.S. Embassy or Consulate in your country. You’ll need a medical exam and to present original documents. At the interview, they may ask about your qualifications and the sponsoring organization to ensure everything is bona fide. Upon visa approval, you enter the U.S. as a permanent resident.

Timeline: From start to finish, the EB-4 process can range widely. The I-360 petition might take, say, 6-12 months (there’s no official timeline guarantee and SIJ petitions can take over 1-2 years due to high volume). After approval, if visas are available, the I-485 or consular stage might take another 6-12 months. If visas are not available, you could be in a holding pattern for a while until the next fiscal year or until your priority date is current. For example, a religious worker who filed I-360 in January 2025, got approved in August 2025, but found visas unavailable, would wait until October 2025 to file I-485, and perhaps get the green card by mid-2026. It’s wise to plan for the possibility of delays. While waiting, religious workers often continue working in R-1 status (if they have it) or other statuses. Once I-485 is filed, the EAD from it will cover you. If you are on an R-1 visa, you’re allowed a maximum of 5 years in R-1 status - so ideally, the EB-4 process should be started by year 3 or 4 of R-1 to ensure you can transition before maxing out.

4. Program Expiration Consideration: If you are a non-minister religious worker, be aware of the sunset date. The law currently requires you to adjust status or immigrate by September 30, 2025. Practically, this means your I-360 should be approved and you should complete the green card process by that date. If it looks like you won’t make it (and Congress hasn’t yet extended the program), discuss with an attorney - there may be pressure on Congress, or alternative strategies (like switching to a minister role if applicable, or other visa categories). Many times in the past, the program was extended at the last minute. Still, it’s a factor to keep in mind for long-pending cases. Ministers don’t face this issue.

Tips and Considerations for EB-4 Applicants

• Documentation is Key: Whether you’re a religious worker or another special immigrant, thorough documentation will make or break your case. For religious workers, double-check everything: membership letters, ordination certificates, tax-exempt verification of the church, etc. For SIJ cases, one must have the proper court order and evidence of eligibility. In all EB-4 cases, ensure translations are provided for any foreign documents and that names/dates are consistent across all paperwork.
• Maintain Valid Status if Possible: If you’re in the U.S. already (say on an R-1 or another visa), try to maintain that nonimmigrant status until you get the green card. If your R-1 is expiring and your I-360 is still pending, you might explore an extension or a different status to bridge the gap. Falling out of status can complicate or even derail the adjustment of status route, potentially forcing you to leave and consular process.
• Expert Help: EB-4 cases, especially religious worker petitions, involve a lot of pieces. Many religious organizations are not experienced with immigration paperwork. It’s highly recommended to work with an immigration attorney or a reputable organization familiar with religious immigration. They can help prepare the petition, respond to any USCIS requests for evidence, and guide the case through the interview. Gale’s network includes experienced attorneys for religious worker cases who can streamline this process for you and your organization.

Need help navigating the EB-4 process? Book a consultation with Gale for expert legal guidance on your special immigrant case. We have helped religious institutions and special immigrants successfully obtain green cards. Our team will assist with assembling the right evidence, filing the petition, and following through until you or your organization’s valued worker has lawful permanent residency.

FAQs

Q: What is the EB-4 visa category exactly? A: EB-4 is a broad employment-based “fourth preference” green card category for special immigrants. It’s not a single job or visa, but rather a collection of unique eligibility classes set by law. This includes religious workers, Special Immigrant Juveniles, certain past U.S. government or international organization employees, military translators, and more. If you fall into one of those special categories, EB-4 is the avenue to apply for a green card. Essentially, EB-4 is a catch-all for various groups that don’t fit the other employment categories.

Q: How do I qualify as a religious worker for EB-4? A: To qualify, you must: (1) have worked at least 2 years in a religious vocation or occupation (or served as a minister) and be a member of the religious denomination for 2+ years; (2) have a full-time job offer from a nonprofit religious organization in the U.S. to work in a religious role (minister, monk, religious instructor, etc.); and (3) meet the requirements of either being an ordained minister or a religious worker in a religious occupation. The organization must be eligible (tax-exempt religious nonprofit) and you must intend to continue in that religious work. In short, you need a combination of a qualifying personal profile (experience & membership) and a qualifying job/organization to sponsor you.

Q: Do I need an employer or can I self-petition for EB-4? A: For most EB-4 categories, a petition is required but who files it can vary. In religious worker cases, the petition can be filed by the employer or by the worker themselves on behalf of the organization. In practice, it’s usually the religious organization that signs and submits the petition (with help from the worker in gathering documents). For Special Immigrant Juveniles, the minor (through a guardian or attorney) effectively self-petitions once they have the state court order. For other categories like international organization employees, the individual often self-petitions (with proof of their prior employment). So, while an “employer” in the traditional sense isn’t always needed, you do need to belong to one of the defined groups and provide the required paperwork. In summary, some EB-4 cases are employer-sponsored (religious), some are self-petition (SIJ, etc.), but all require a petition to USCIS.

Q: Is there a deadline or sunset date for EB-4 religious workers? A: For ministers (clergy) - no, that part of the EB-4 program is permanent. But for non-minister religious workers, yes - the law currently extends it only through September 30, 2025. This means if you’re a religious brother, nun, or in another religious occupation (not ordained clergy), you need to get your green card by that date unless the program is extended again. Congress has renewed this provision multiple times in the past, usually in short increments. For example, it was previously set to expire in 2021, then got extended to 2022, then 2025, etc. We anticipate it will likely be extended further, but there’s no guarantee until it happens. If the expiration lapses, USCIS cannot issue green cards to non-minister religious workers after that date (unless renewed). Ministers are unaffected by the sunset.

Q: How long does it take to get a green card through EB-4? A: Timeline can vary widely. The I-360 petition might take anywhere from under a year to over 2 years depending on USCIS and the category. Religious worker petitions often take around 1 year (give or take). SIJ petitions can take longer due to higher volume. After petition approval, the availability of visa numbers is the next factor. Currently (2025), EB-4 visas are actually used up for the year, causing a delay until the next fiscal year. In times when EB-4 is current, you could proceed to the green card stage immediately. Once you file an I-485 or get scheduled for consular processing, that stage might be another 6-12 months. So some EB-4 cases (with no backlog) might complete in ~1.5 years, whereas others facing quota issues could take 2+ years. If you’re a Special Immigrant Juvenile, note there’s often a backlog by priority date - you might wait several years for your date to be current (because SIJ demand is high). Religious workers from countries like India or Mexico don’t have separate backlogs in EB-4 - it’s either current for all or backlogged for all, since one category can dominate usage. Always check the Visa Bulletin; if it shows “U” or a date for EB-4, expect a waiting period.

Q: Can I work while my EB-4 application is pending? A: If you are in the U.S. and you’ve filed an I-485 adjustment of status (and the I-360 is approved or filed concurrently when current), you can apply for an EAD (employment authorization document) which lets you work in any job while waiting. If you are on an R-1 visa, you can continue working for your religious employer in that status during the I-360/I-485 process (and even extend R-1 time, up to the limit of 5 years). If you’re a Special Immigrant Juvenile who filed adjustment, you can get an EAD as well. The main thing is, until you reach the I-485 stage, you need some valid status to remain and work in the U.S. Many religious workers rely on R-1 status in the interim. Once I-485 is filed, the EAD from it will cover you.

Q: What is the difference between an R-1 visa and EB-4 religious worker? A: An R-1 visa is a non-immigrant (temporary) visa for religious workers. It allows religious professionals to live and work in the U.S. for an initial period of up to 30 months, extendable to a total of 5 years. The EB-4 religious worker is the immigrant petition for permanent residence. Often, a person will start on an R-1 visa and later the employer will sponsor them for EB-4 to get the green card. Key differences: R-1 is temporary and requires you to maintain intention to depart eventually (though dual intent is somewhat allowed now for R-1), whereas EB-4 grants permanent resident status. Also, R-1 can be obtained relatively quickly (a few months) but has the time cap, whereas EB-4 takes longer but results in a green card. Importantly, R-1 is not a prerequisite for EB-4 - it’s possible to go straight to a green card if you meet the requirements and the organization is willing to sponsor you directly.

Q: Why is EB-4 unavailable right now? A: In 2025, the EB-4 annual quota was reached early due to high demand. A large portion of EB-4 numbers are used by Special Immigrant Juveniles (the number of SIJ cases has increased in recent years with more unaccompanied minors). When an employment-based category maxes out its yearly allotment, the State Department will list it as “Unavailable” in the Visa Bulletin. That’s what happened to EB-4 around mid fiscal year 2025 - essentially, all ~10,000 visas were spoken for. When that happens, no further EB-4 green cards can be issued until the next fiscal year (which begins October 1). So “unavailable” is a temporary status indicating a pause. It’s not uncommon - EB-4 similarly hit the limit in prior years as well. Starting October 1, the category will open up again. If demand remains very high, the Visa Bulletin might institute a cutoff date (meaning not all applicants can immediately get a visa, only those before a certain date). We’ll have to see - as of now, expect EB-4 to resume in FY2026 with likely a backlog in the SIJ portion. Religious worker cases might still process relatively timely if the backlog isn’t severe for them specifically.

Q: Should I hire a lawyer for an EB-4 religious worker case? A: It’s highly recommended. Religious organizations often do not have in-house expertise in immigration law. An attorney can assist in preparing the I-360 with all required evidence, making sure the petition clearly demonstrates eligibility (many petitions get denied for not properly documenting the 2-year work history or the nature of the job). An experienced lawyer will also ensure compliance with nuances - like the timing regarding the sunset date, advising on maintaining R-1 status, etc. For Special Immigrant Juvenile cases, legal representation is crucial to navigate both the state court and immigration systems. Essentially, EB-4 cases might seem straightforward but can become complex (especially if an RFE or complication arises). Given that a green card is on the line, investing in professional guidance can save you from mistakes. Gale’s platform can connect you with vetted immigration attorneys for EB-4 cases who have successfully handled religious worker and other special immigrant filings.