The Religious Worker Exception: Why It Matters for Asylum Seekers

Most employment-based green card categories (such as EB-1 for extraordinary ability or EB-2 for advanced degrees) require applicants to have maintained lawful nonimmigrant status at all times. If an asylum applicant allowed their nonimmigrant status to expire, they typically lose eligibility for adjustment of status under INA § 245(a).

However, EB-4 religious workers are exempt from this requirement. Even if an asylum applicant has been in the U.S. for years without lawful nonimmigrant status, they can still qualify for EB-4 if they meet the religious worker requirements.

Who Qualifies as a Religious Worker Under EB-4?

To apply for an EB-4 green card under the religious worker exception, the applicant must meet the following key requirements:

1. Full-Time Religious Work for at Least Two Years

✔️ The applicant must have worked full-time (at least 35 hours per week) in a paid religious position for at least two years before applying.
✔️ Volunteer work does not count toward the two-year requirement.

2. Employer Must Be a Nonprofit Religious Organization

✔️ The employer must be a bona fide nonprofit religious organization in the U.S. that is recognized as tax-exempt under Section 501(c)(3) of the Internal Revenue Code.
✔️ The organization must be affiliated with a recognized religious denomination.

3. The Work Must Be Religious in Nature

✔️ The applicant must work in a religious vocation or occupation, such as:

• Clergy (ministers, priests, imams, rabbis, pastors, monks, nuns, etc.)
• Religious instructors, cantors, or missionaries
• Translators for religious texts
• Workers involved in religious outreach or guidance
  ✔️ The role must be primarily religious and not administrative or secular (e.g., accountants, janitors, or IT staff at a religious institution are not eligible).

4. The Religious Worker Must Have a Job Offer

✔️ The U.S.-based religious organization must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, on behalf of the religious worker.
✔️ The job must be a permanent, full-time position within the religious organization.

Application Process for EB-4 Religious Workers

If an asylum seeker meets the EB-4 religious worker criteria, they must follow these steps:

Step 1: Employer Files Form I-360

The religious employer must submit Form I-360 to U.S. Citizenship and Immigration Services (USCIS). This petition must include: ✔️ Proof that the organization is a recognized nonprofit religious entity
✔️ Evidence of the applicant’s prior two years of religious work experience
✔️ A detailed job offer letter explaining the religious nature of the position

Step 2: Wait for USCIS Approval

✔️ USCIS will review the application and conduct background checks.
✔️ If USCIS approves the I-360 petition, the applicant can apply for adjustment of status (if a visa is available).

Step 3: Apply for Adjustment of Status (Form I-485)

✔️ If the applicant is already in the U.S., they can file Form I-485 (Application to Register Permanent Residence or Adjust Status).
✔️ If the applicant is outside the U.S., they must go through consular processing.

Challenges and Processing Delays in EB-4 (2025 Updates)

While the EB-4 religious worker category provides a critical pathway for asylum seekers, there are some challenges applicants should be aware of:

1. Limited Visa Availability & Backlogs

✔️ The EB-4 visa category has annual limits, and in recent years, visa numbers have retrogressed for some countries.
✔️ This means that applicants from certain countries may face long waiting periods before they can adjust status.

2. Increased Scrutiny from USCIS

✔️ Due to past fraud concerns, USCIS has increased scrutiny on religious worker applications.
✔️ Religious organizations must provide extensive documentation proving that the position is legitimate and religious in nature.
✔️ USCIS may conduct site visits to verify that the applicant is actually working in the religious position.

3. Potential Travel Risks for Asylum Seekers

✔️ If an asylum seeker leaves the U.S. for consular processing, they may trigger a re-entry bar due to unlawful presence.
✔️ It is strongly recommended that asylum applicants consult an experienced immigration attorney before leaving the U.S. for EB-4 processing.

Why Is EB-4 So Important for Asylum Seekers?

Unlike EB-1, EB-2, and EB-3, the EB-4 religious worker category does not require applicants to maintain continuous lawful status. This makes EB-4 one of the few employment-based green card options available for asylum seekers.

If you are an asylum seeker and have been actively working as a religious worker, you may qualify for an EB-4 green card, even if your nonimmigrant status expired.

Final Thoughts & Next Steps

✔️ If you are an asylum seeker working as a religious minister or in a religious vocation, EB-4 may be a viable pathway to permanent residency.
✔️ Consult with an immigration attorney Ernest Goodman to determine your eligibility and avoid potential processing pitfalls.
✔️ Since processing times and visa availability can change, staying updated on EB-4 policies is crucial in 2025.