Chapter 2 - Religious Workers

A. General Requirements

The Immigration and Nationality Act (INA) provides separate immigration classifications for religious workers depending on whether they seek to work in the United States on a permanent or a temporary basis.^[1] Ministers and non-ministers in religious vocations and occupations may immigrate to or adjust status in the United States for the purpose of performing religious work in a full-time, compensated position under the employment-based 4th preference visa classification.^[2]

In 2005, the USCIS Office of Fraud Detection and National Security (FDNS) conducted a Benefit Fraud Assessment of the special immigrant religious worker program by randomly selecting and reviewing pending and approved cases. As a result, USCIS issued a report finding significant fraud and non-compliance in the use of this classification.^[3] This led USCIS to reconsider how it administered the special immigrant religious worker program.

In 2008, USCIS promulgated regulations that added requirements to establish eligibility for the special immigrant and nonimmigrant religious worker programs.^[4] Among other changes, the regulations provided USCIS with discretionary authority to verify the submitted evidence through any means it determines appropriate, up to and including an on-site inspection of the petitioning organization.^[5]

1. General Eligibility

In general, the petitioner must demonstrate that the prospective employer is either a bona fide non-profit religious organization, or a bona fide organization that is affiliated with the religious denomination^[6] and that the beneficiary has been a member of the same type of religious denomination as that of the employer for the 2 years immediately preceding the time of application for admission.^[7] In addition, the religious worker must be coming to the United States to work in a full-time (average of at least 35 hours per week), compensated position:

• Solely as a minister of the U.S. employer’s denomination;

• In a religious vocation either in a professional or nonprofessional capacity; or

• In a religious occupation either in a professional or nonprofessional capacity.^[8]

The religious worker must have been carrying on, after the age of 14 years, such work continuously for at least 2 years preceding the filing of the petition.^[9]

2. Filing Process

A U.S. employer (petitioner) or a noncitizen (self-petitioner) may file a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) for special immigrant religious worker classification.^[10] If applicable, the petitioner must submit a Religious Denomination Certification that is also a part of the petition.^[11]

Religious workers in a religious vocation or occupation are included in the special immigrant religious worker program by statute on a temporary basis, the end date of which has been extended several times. Accordingly, such workers must enter the United States with a valid immigrant visa or adjust to permanent resident status (have an approved Application to Register Permanent Residence of Adjust Status (Form I-485)) before the expiration date stated in the most recent statutory renewal.^[12] USCIS provides the most recent expiration date for non-minister religious workers on the USCIS website. There is no fixed expiration date for ministers.^[13]

If a petitioner believes that one of the requirements for this classification substantially burdens the organization’s exercise of religion, it may seek an exemption under the Religious Freedom Restoration Act (PDF) of 1993 (RFRA).^[14] A written request for the exemption from a provision’s requirement should accompany the initial filing, and it must explain how the provision:

• Requires participation in an activity prohibited by a sincerely held religious belief; or

• Prevents participation in conduct motivated by a sincerely held religious belief.

The petitioner must support the request with relevant documentation.^[15] The petitioner bears the burden of showing that it qualifies for an RFRA exemption. USCIS decides exemption requests on a case-by-case basis.

B. Petitioner Requirements

1. Qualifying Organization

The petitioner must establish that the prospective employer is a bona fide nonprofit religious organization or a bona fide organization that is affiliated with the denomination and is exempt from taxation.^[16]

Bona Fide Nonprofit Religious Organization in the United States

A bona fide nonprofit religious organization is a religious organization exempt from taxation as described in section 501(c)(3) of the Internal Revenue Code (IRC). The organization must have a currently valid determination letter from the Internal Revenue Service (IRS) confirming the tax exemption.^[17] Tax-exempt organization is defined below. The petitioner may submit an individual 501(c)(3) determination letter if the religious organization has its own ruling from the IRS or a letter for the group if it is covered under a group ruling.^[18]

Bona Fide Organization That is Affiliated with the Religious Denomination

A bona fide organization that is affiliated with the religious denomination is an organization that is closely associated with a religious denomination. The organization must be exempt from taxation as described in section 501(c)(3) of the IRC. The organization must also have a currently valid determination letter from the IRS confirming the tax exemption.^[19] If the bona fide organization affiliated with the denomination was granted tax-exempt status as something other than a religious organization, the petitioner must also submit additional documentation.^[20]

Religious Denomination

Religious denomination means a religious group or community of believers that is governed or administered under a common type of ecclesiastical government and includes one or more of the following:

• A recognized common creed or statement of faith shared among the denomination’s members;

• A common form of worship;

• A common formal code of doctrine and discipline;

• Common religious services and ceremonies;

• Common established places of religious worship or religious congregations; or

• Comparable indicia of a bona fide religious denomination.

Tax-Exempt Organization

A tax-exempt organization is one that has received a determination letter from the IRS establishing that it, or a group that it belongs to, is exempt from taxation under section 501(c)(3) of the IRC.^[21]

2. Attestation and Denomination Certification

As part of the Form I-360, an authorized official of the prospective U.S. employer must complete, sign, and date the Employer Attestation and, if applicable, an authorized official of the denomination must complete the Religious Denomination Certification.^[22] The authorized official must sign the attestation, certifying under penalty of perjury that the attestation is true and correct.

If the religious worker is a self-petitioner and is also an authorized official of the prospective U.S. employer, the self-petitioner may sign the attestation.^[23]

On the Employer Attestation portion of the Form I-360, the prospective employer must specifically attest to the following:^[24]

• The prospective employer’s status as a bona fide non-profit religious organization or a bona fide organization that is affiliated with a religious denomination and is exempt from taxation;

• The number of members of the prospective employer’s organization;

• The number of employees who work at the same location where the religious worker will be employed and a summary of those employees’ responsibilities;

• Number of noncitizens holding special immigrant or nonimmigrant religious worker status currently employed or employed within the past 5 years;

• Number of petitions for special immigrant and nonimmigrant religious workers for employment with the prospective employer filed on Form I-360 and Petition for a Nonimmigrant Worker (Form I-129) within the past 5 years;

• The title of the position offered to the religious worker;

• The complete package of salaried or non-salaried compensation being offered;

• A detailed description of the religious worker’s proposed daily duties;^[25]

• The compensated position being offered to the religious worker requires an average of at least 35 hours per week of work;

• The specific location(s) of the proposed employment;

• The religious worker is qualified for the position offered and has worked as a religious worker for the 2 years immediately preceding the filing of the application;

• The religious worker’s membership in the prospective employer’s denomination for at least 2 years prior to admission to the United States;

• The religious worker will not be engaged in secular employment and any compensation for religious work will be paid to the religious worker by the attesting employer; and

• The prospective employer’s ability and intention to compensate and otherwise support (through housing, for example) the religious worker at a level at which the religious worker and accompanying family members will not become public charges, and that funds to pay the noncitizen’s compensation do not include any monies obtained from the noncitizen, excluding reasonable donations or tithing to the religious organization.

3. Verification of Evidence

USCIS may conduct on-site inspections either before or after USCIS makes a final decision on the petition.^[26] The purpose of the inspection is to verify the evidence submitted in support of the petition, such as the petitioner’s attestations and qualifications as a religious organization, the location(s) where the beneficiary will work, the organization’s facilities (including places of worship, where applicable), and the nature of the beneficiary’s proposed position.

USCIS randomly selects religious worker petitions for compliance review on-site inspections, which normally occur after the approval of the petition.^[27] These site visits include inspections of the work locations to verify the religious worker’s work hours, compensation, and duties.^[28] USCIS may also conduct "for cause," inspections in cases where there is suspected non-compliance with the terms of the visa classification or fraud.^[29] If applicable, USCIS may issue a request for evidence or notice of intent to deny based on the findings of a pre-adjudication inspection, or a notice of intent to revoke based on the findings of a post-adjudication inspection, and the petitioner will have an opportunity to respond.^[30]

4. Documentation and Evidence

General Qualifying Religious Organization Evidence Required

There are three different ways to establish an organization’s tax-exempt status to support a special immigrant religious worker filing on Form I-360.^[31]

Individual Religious Organization Granted Individual Tax-Exempt Status^[32]

If the religious organization has its own determination from the IRS as a tax-exempt organization, the petitioner must submit a copy of the currently valid 501(c)(3) determination letter. The letter must demonstrate that the religious organization was qualified to file the petition at the time of filing.^[33]

Individual Religious Organization Covered Under a Group Tax-Exempt Ruling^[34]

If the religious organization is recognized as tax-exempt under a group IRS tax-exempt determination, the petitioner must submit a copy of a currently valid 501(c)(3) determination letter for the group and evidence that the parent organization has authorized the religious organization to use its tax-exempt status. If the letter demonstrates that the group was granted tax-exempt status under IRC 501(c)(3) under a category other than religious organization, see the evidentiary requirements to show the religious nature and purpose of the organization under the following heading.

Individual Tax-Exempt Organization Affiliated with a Religious Denomination^[35]

If the organization is an individual tax-exempt organization affiliated with a religious organization, in addition to a copy of its valid 501(c)(3) determination letter, the petitioner must also submit a Religious Denomination Certification signed by an authorized official of the religious denomination, certifying that the organization is affiliated with the religious denomination.^[36]

If the affiliated organization was granted tax-exempt status under IRC 501(c)(3) under a category other than religious organization, in addition to the general requirements, the petitioner must also provide:

• Documentation that establishes the religious nature and purpose of the organization, such as a copy of the organizing instrument of the organization that specifies the purposes of the organization;^[37] and

• Organizational literature, such as books, articles, brochures, calendars, flyers, and other literature describing the religious purpose and nature of the activities of the organization.^[38]

Table Summarizing Evidentiary Requirements

The table below serves as a quick reference guide for the evidence required depending on the type of prospective employer.

Summary of Evidence Requirements Relating to Tax-Exempt Status

Type of Petitioner	Required Evidence
Tax-Exempt 501(c)(3) Religious Organization	A currently valid determination letter from the IRS establishing that the organization is tax-exempt.
Group Tax-Exempt Religious Organization	A currently valid determination letter from the IRS establishing that the group is tax-exempt. Documentation that the organization is covered under the group tax exemption, including, for example, a letter from the parent organization authorizing the petitioner to use its group tax exemption, a directory for that organization listing the petitioner as a member of the group, a membership listing on the parent organization’s website that confirms coverage under its exemption, or a letter from the IRS confirming the coverage. If the submitted IRS determination letter does not identify the organization’s tax exemption as a religious organization, then evidence establishing its religious nature and purpose. Such evidence may include, but is not limited to, the entity’s articles of incorporation or bylaws, flyers, articles, brochures, or other literature that describes the religious purpose and nature of the organization.
Bona Fide Organization Affiliated with Religious Denomination	A currently valid determination letter from the IRS establishing that the organization is tax-exempt. If the organization was granted tax-exempt status under IRC 501(c)(3) as something other than a religious organization, then: documentation that establishes the religious nature and purpose of the organization, including, but not limited to, a copy of the organizing instrument that specifies the purposes of the organization, organizational literature, such as books, articles, brochures, calendars, flyers, and other literature describing the religious purpose and nature of the activities of the organization. A Religious Denomination Certification signed by the religious denominational entity (not the petitioner) that the petitioner is affiliated with, which is part of the Form I-360, certifying that the petitioning organization is affiliated with the religious denomination.

5. Compensation Requirement

A religious worker must receive salaried or non-salaried compensation.^[39] Salaried means receiving a traditional form of compensation (that is, a paycheck). Non-salaried compensation includes support such as, but not limited to, room, board, medical care, or transportation. The petitioner is required to state how it intends to compensate the religious worker, and to submit the corresponding, verifiable evidence described below.^[40] A self-petitioning religious worker must submit evidence establishing how the prospective employer intends to provide such compensation.^[41]

The petitioner must submit IRS documentation of compensation, such as IRS Forms W-2 or tax returns, if available. If IRS documentation is unavailable, then the petitioner must explain why it is unavailable and submit comparable verifiable documentation.^[42]

When the beneficiary will receive salaried or non-salaried compensation, the petitioner may also submit verifiable evidence such as:

• Documentation of past compensation for similar positions;

• Budgets showing monies set aside for salaries, leases, or similar;

• Documentary evidence demonstrating that room and board will be provided; or

• Other evidence acceptable to USCIS.^[43]

While the regulation does not require audited financial reports, unaudited budgets or financial statements should be accompanied by supporting evidence that is verifiable. For example, budgets should be generally consistent with verifiable evidence of past revenue, such as but not limited to, bank statements showing cash balances and showing an availability of sufficient funds to cover the beneficiary’s salaried compensation over a sufficient period of time.

Further, USCIS does not consider salaried or non-salaried support deriving from a third party as a portion of the beneficiary’s required compensation. The regulation requires that the attesting employer provides the salaried or non-salaried compensation to the religious worker.^[44] Room and board at a church member’s home, or provided by any other church, is a form of third-party compensation.

Unless the church reimburses the other party for this room and board, such arrangements are not a qualifying form of non-salaried compensation. A petitioner may also submit evidence such as proof that it owns the property or a lease showing it pays for the living space to establish that it is the entity providing non-salaried compensation.

In situations where the attesting employer is not the entity that will directly compensate the religious worker, USCIS reviews the relationship between the attesting employer and the entity directly compensating the religious worker in the totality of the circumstances to confirm that the attesting employer is the employer of the beneficiary,^[45] and that the attesting employer has the ability and intent to compensate the beneficiary.

In making this determination, USCIS considers whether there is a documented relationship between the attesting employer and the entity providing salaried or non-salaried compensation to show that the attesting employer, through this other entity, is still compensating the beneficiary. Factors that may demonstrate this relationship include, but are not limited to, the following:

• The attesting employer has the authority to dictate financial policy, remove clergy for cause, and veto acquisition of debt at the compensating entity;

• The attesting employer owns the compensating entity’s assets or includes the compensating entity on its audited financial statements;

• According to established rules or practice in the relevant organization or denomination, the attesting employer makes personnel decisions for the compensating entity;

• Any other documentation showing the attesting employer has direct oversight or involvement in the financial and personnel matters of the compensating entity.

As an example, a diocese that has the authority to move clergy from one church to another and jointly owns assets with its subordinate churches that are part of the same group’s tax-exempt status may properly file a petition for clergy at a subordinate church even if the subordinate church directly pays the salary. In this example, documentation showing how the subordinate church will directly compensate the religious worker may be used to satisfy the petitioner’s obligation.^[46]

Consistent with the required attestations, the prospective employer must have the ability and intention to compensate the religious worker at a level at which the religious worker and accompanying family members will not become public charges. In addition, the funds to pay the religious worker's compensation may not include any monies obtained from the religious worker, excluding reasonable donations or tithing to the religious organization.^[47] Unlike the regulations pertaining to nonimmigrant religious workers, there are no provisions allowing special immigrant religious workers to be self-supporting.^[48]

Multiple Beneficiaries

A petitioner is required to attest to the number of special immigrant religious workers and R-1 nonimmigrants it currently employs, the number it has employed within the last 5 years, as well as the number of petitions and applications filed by or on behalf of any special immigrant religious worker and R-1 nonimmigrant for employment by the prospective employer within the last 5 years.^[49]

Where the petitioner has filed for multiple beneficiaries, the petitioner may be required to demonstrate that it has the ability to compensate all of its religious workers, including R-1 nonimmigrants and special immigrant religious workers other than the beneficiary of the petition currently being submitted.^[50]

C. Religious Worker Requirements

To qualify for an immigrant religious worker classification, the beneficiary must:

• Be a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least the 2 years immediately preceding the filing of the petition;

• Be coming to the United States to work in a full-time position (at least 35 hours per week);

• Have been working as minister or in a religious occupation or vocation either abroad or in the United States after the age of 14 continuously for at least the 2-year period immediately preceding the filing of the petition; and

• Be coming solely as a minister or to perform a religious vocation or occupation for a qualifying religious organization.

Minister^[51]

A minister position can take the form of various names or titles, depending on the religion, such as priest, minister, rabbi, and imam, among others, and is a person who:

• Is fully authorized by a religious denomination, and fully trained according to the denomination’s standards, to conduct religious worship and perform other duties usually performed by authorized members of the clergy of that denomination;

• Is not a lay preacher or a person not authorized to perform duties usually performed by clergy;

• Performs activities with a rational relationship to the religious calling of the minister; and

• Works solely as a minister in the United States, which may include administrative duties incidental to the duties of a minister.

Religious Occupation^[52]

A religious occupation is one that meets all of the following requirements:

• The duties must primarily relate to a traditional religious function and be recognized as a religious occupation within the denomination;

• The duties must be primarily related to, and must clearly involve, instilling or carrying out the religious creed and beliefs of the denomination;

• The duties do not include positions which are primarily administrative or support such as janitors, maintenance workers, clerical employees, fund raisers, persons solely involved in the solicitation of donations, or similar positions, although limited administrative duties that are only incidental to religious functions are permissible; and

• Religious study or training for religious work does not constitute a religious occupation, but a religious worker may pursue study or training incident to status.

Religious Vocation^[53]

A religious vocation involves a formal lifetime commitment, through vows, investitures, ceremonies, or similar indicia, to a religious way of life. The religious denomination must have a class of persons whose lives are dedicated to religious practices and functions, as distinguished from the secular members of the religion. Examples of religious vocations include nuns, monks, and religious brothers and sisters.

Religious Worker^[54]

A religious worker is a person engaged in and, according to the denomination’s standards, qualified for a religious occupation or vocation, whether or not in a professional capacity, or as a minister.

1. Denominational Membership

The beneficiary must have at least 2 years, immediately preceding the filing of the petition, of membership in a religious denomination.^[55] Such membership must be in the same type of religious denomination in which the beneficiary will work in the United States.^[56]

A religious denomination is a religious group or community of believers that have a common type of ecclesiastical government that governs or administers and includes one or more of the following:

• A recognized common creed or statement of faith shared among the denomination’s members;

• A common form of worship;

• A common formal code of doctrine and discipline;

• Common religious services and ceremonies;

• Common established places of religious worship or religious congregations; or

• Comparable indications of a bona fide religious denomination.^[57]

2. Evidence of Religious Worker’s Prior Employment

The religious worker’s qualifying experience during the 2 years immediately preceding the petition (or preceding any acceptable break in the continuity of the religious work) must have occurred after the age of 14.^[58] The religious worker must have been working in a full time, compensated position as a minister or in a religious occupation or vocation according to the regulatory definitions of those terms.^[59]

If Religious Worker Received Salaried Compensation

If the religious worker was employed in the United States during the 2 years immediately preceding the filing of the petition and received salaried compensation, the petitioner must submit IRS documentation that the religious worker received a salary, such as an IRS Form W-2 or certified copies of income tax returns.^[60]

If Religious Worker Received Non-salaried Compensation

If the religious worker was employed in the United States during the 2 years immediately preceding the filing of the petition and received non-salaried compensation, the petitioner must submit IRS documentation of the non-salaried compensation if available.^[61]

If Religious Worker Received No Salary but Provided Their Own Support

If the religious worker was employed in the United States during the 2 years immediately preceding the filing of the petition and received no salary but provided for their own support, and provided support for any dependents, the petitioner must show how support was maintained by submitting with the petition additional documents such as audited financial statements, financial institution records, brokerage account statements, trust documents signed by an attorney, or other verifiable evidence acceptable to USCIS.^[62]

If Religious Worker was Employed Outside the United States

If the religious worker was employed outside the United States during the 2 years immediately preceding the filing of the petition, the petitioner must submit comparable evidence of the religious work.^[63]

If Religious Worker Had an Unacceptable Break During 2-year Period Preceding Petition

A break in the continuity of the work during the preceding 2 years will not affect eligibility so long as:

• The beneficiary was still employed as a religious worker;

• The break did not exceed 2 years; and

• The nature of the break was for further religious training or for sabbatical. However, the religious worker must have been a member of the petitioner’s denomination throughout the 2 years of qualifying employment.^[64]

Additionally, events such as sick leave, pregnancy leave, spousal care, and vacations are typical in the normal course of any employment; USCIS does not consider these events a break of the 2-year requirement as long as the religious worker is still considered employed during that time.

If the religious worker was employed in the United States and there was a break in the continuity of the work that affected eligibility during the 2 years immediately preceding the filing of Form I-360, the 2-year clock must restart. The subsequent 2-year period of qualifying employment may be completed in or outside the United States.

3. Evidence of Qualifying Prospective Employment

The religious worker must be coming to engage in a religious vocation or in a religious occupation, or to work solely as a minister of religion.^[65]

Religious Vocations and Occupations

For a religious worker who will work in a religious vocation or occupation, the petitioner must submit evidence of the following:

• The religious worker is entering the United States to perform a religious vocation or occupation, defined above (in either a professional or nonprofessional capacity);^[66]

• The religious worker is qualified for the religious occupation or vocation according to the denomination’s standards.^[67]

Ministers

If filing on behalf of a minister, in addition to demonstrating that the religious worker will serve as a minister per the regulatory definition of that term,^[68] the petitioner must submit the following additional initial evidence:^[69]

• A copy of the religious worker’s certificate of ordination or similar documents reflecting acceptance of the religious worker’s qualifications as a minister in the religious denomination;^[70] and

• Documents reflecting the religious worker’s completion of any course of prescribed theological education at an accredited theological institution normally required or recognized by that religious denomination, including transcripts, curriculum, and documentation that establishes that the theological institution is accredited by the denomination.^[71]

For denominations that do not require a prescribed theological education, rather than document such education, the petitioner must instead submit evidence of:

• The denomination’s requirements for ordination to minister;
• The duties allowed to be performed by virtue of ordination;
• The denomination’s levels of ordination, if any; and
• Documentation to establish the religious worker’s completion of the denomination’s requirements for ordination.^[72]

D. Derivative Beneficiaries

A spouse or child accompanying or following to join a principal immigrant who has requested benefits under this section may be accorded the same special immigrant classification as the principal beneficiary.^[73]

Footnotes

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[^ 1] See INA 101(a)(27)(C) and INA 101(a)(15)(R). See 8 CFR 204.5(m) and 8 CFR 214.2(r). Noncitizens working in the United States temporarily as a minister or in a religious vocation or occupation are eligible for the nonimmigrant religious worker (R-1) classification. For more information on nonimmigrant religious workers, see Volume 2, Nonimmigrants, Part O, Religious Workers (R) [2 USCIS-PM O].

[^ 2] See INA 101(a)(27)(C).

[^ 3] See Religious Worker Benefit Fraud Assessment Summary (PDF, 121.85 KB) (July 2006).

[^ 4] See 73 FR 72276 (PDF)(Nov. 26, 2008).

[^ 5] See 8 CFR 204.5(m)(12) and 8 CFR 214.2(r)(16).

[^ 6] See 8 CFR 204.5(m)(3).

[^ 7] See 8 CFR 204.5(m)(1) and 8 CFR 204.5(m)(7)(x).

[^ 8] See 8 CFR 204.5(m)(2).

[^ 9] See 8 CFR 204.5(m)(4). See 73 FR 72276 (PDF) (Nov. 26, 2008) for a general and detailed explanation pertaining to adjudication of special immigrant ministers of religion and other religious worker petitions.

[^ 10] See 8 CFR 204.5(m)(6). For information on adjustment of status involving special immigration religious workers, see Volume 7, Adjustment of Status, Part F, Special Immigrant-Based Adjustment, Chapter 2, Religious Workers [7 USCIS-PM F.2].

[^ 11] See 8 CFR 204.5(m)(8)(iii)(D).

[^ 12] See INA 101(a)(27)(C)(ii). See 8 CFR 204.5(m)(6).

[^ 13] See INA 101(a)(27)(C)(ii). See 8 CFR 204.5(m)(6).

[^ 14] See Religious Freedom Restoration Act of 1993, Pub. L. 103-141 (PDF) (November 16, 1993).

[^ 15] See 8 CFR 103.2(b).

[^ 16] See 8 CFR 204.5(m)(3) and 8 CFR 204.5(m)(7)(i).

[^ 17] See 8 CFR 204.5(m)(5).

[^ 18] See 8 CFR 204.5(m)(8).

[^ 19] See 8 CFR 204.5(m)(5).

[^ 20] See additional discussion of evidentiary requirements for affiliated tax-exempt organizations within Section B, Petitioner Requirements, Subsection 4, Documentation and Evidence [6 USCIS-PM H.2(B)(4)]. See 8 CFR 204.5(m)(8)(iii).

[^ 21] See 8 CFR 204.5(m)(5).

[^ 22] See 8 CFR 204.5(m)(7) and 8 CFR 204.5(m)(8)(iii)(D).

[^ 23] See 8 CFR 204.5(m)(7).

[^ 24] See 8 CFR 204.5(m)(7).

[^ 25] This attestation is derived from 8 CFR 204.5(m)(7)(vi) and relates to all special immigrant religious worker petitions, including religious workers coming to perform a religious vocation. See 8 CFR 204.5(m)(7)(vi). Post-adjudication site visits focusing on religious workers cannot verify the work hours, compensation, and duties consistent with supporting the integrity of the special immigrant religious worker classification if the petition provides only a vague description of the religious worker’s proposed duties.

[^ 26] See 8 CFR 204.5(m)(7) and 8 CFR 204.5(m)(12).

[^ 27] As a matter of policy, USCIS no longer conducts mandatory pre-approval on-site inspections of all petitioners for religious workers. However, USCIS may still conduct site visits at any point, including pre-approval, if USCIS determines it appropriate to verify information. USCIS provided this clarification in its policy guidance on March 2, 2023.

[^ 28] See 8 CFR 204.5(m)(12).

[^ 29] See 8 CFR 204.5(m)(12).

[^ 30] See 8 CFR 103.2(b)(8), 8 CFR 103.2(b)(16)(i), and 8 CFR 205.2.

[^ 31] See 8 CFR 204.5(m)(8).

[^ 32] See 8 CFR 204.5(m)(8)(i).

[^ 33] See 8 CFR 204.5(m)(5) (defining tax-exempt organization as one that has received a determination letter from the IRS) and 8 CFR 103.2(b)(1) (a petitioner must establish eligibility for the requested benefit at the time of filing the benefit request).

[^ 34] See 8 CFR 204.5(m)(8)(ii).

[^ 35] See 8 CFR 204.5(m)(8)(iii).

[^ 36] See 8 CFR 204.5(m)(8)(iii)(D).

[^ 37] See 8 CFR 204.5(m)(8)(iii)(B).

[^ 38] See 8 CFR 204.5(m)(8)(iii)(C).

[^ 39] See 8 CFR 204.5(m)(2) and 8 CFR 204.5(m)(10).

[^ 40] See 8 CFR 204.5(m)(7)(vi), 8 CFR 204.5(m)(7)(xi), 8 CFR 204.5(m)(7)(xii), and 8 CFR 204.5(m)(10).

[^ 41] See 8 CFR 204.5(m)(7)(vi), 8 CFR 204.5(m)(7)(xi), 8 CFR 204.5(m)(7)(xii), and 8 CFR 204.5(m)(10).

[^ 42] See 8 CFR 204.5(m)(10).

[^ 43] See 8 CFR 204.5(m)(10).

[^ 44] See 8 CFR 204.5(m)(7)(xi), 8 CFR 204.5(m)(7)(xii), and 8 CFR 204.5(m)(10).

[^ 45] See 8 CFR 204.5(m)(6).

[^ 46] See 8 CFR 204.5(m)(10).

[^ 47] See 8 CFR 204.5(m)(7)(xii).

[^ 48] Compare 8 CFR 204.5(m)(7)(xi) and 8 CFR 204.5(m)(10) with 8 CFR 214.2(r)(11)(ii).

[^ 49] See 8 CFR 204.5(m)(7)(iv), 8 CFR 204.5(m)(7)(v), 8 CFR 214.2(r)(8)(v), and 8 CFR 214.2(r)(8)(vi).

[^ 50] See 8 CFR 204.5(m)(7)(xi), 8 CFR 204.5(m)(7)(xii), 8 CFR 204.5(m)(10), 8 CFR 214.2(r)(8)(viii), and 8 CFR 214.2(r)(11) (requiring that a petitioning organization demonstrate through verifiable evidence its intent to compensate both immigrant and nonimmigrant religious workers, or how a nonimmigrant religious worker will be self-supporting).

[^ 51] See 8 CFR 204.5(m)(5).

[^ 52] See 8 CFR 204.5(m)(5).

[^ 53] See 8 CFR 204.5(m)(5).

[^ 54] See 8 CFR 204.5(m)(5).

[^ 55] See 8 CFR 204.5(m)(1).

[^ 56] See definition of denominational membership at 8 CFR 204.5(m)(5).

[^ 57] See 8 CFR 204.5(m)(5).

[^ 58] See 8 CFR 204.5(m)(11). The regulations at 8 CFR 204.5(m)(4) and 8 CFR 204.5(m)(11) specify that any qualifying employment a noncitizen performs in the United States must have occurred while the noncitizen was in a lawful immigration status. However, the United States Court of Appeals in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3rd Cir. 2015), found this regulatory requirement to be inconsistent with the statute. As a result of this decision and a growing number of federal courts reaching the same conclusion, USCIS decided to apply the Shalom Pentecostal decision nationally. As of July 2015, USCIS does not deny special immigrant religious worker petitions based on the lawful status requirements at 8 CFR 204.5(m)(4) and 8 CFR 204.5(m)(11). Therefore, any employment in the United States can be used to qualify a noncitizen under the special immigrant religious worker requirements, regardless of whether the noncitizen was in a lawful or unlawful immigration status.

[^ 59] See 8 CFR 204.5(m)(4), which requires the religious worker to “have been working in one of the positions described in paragraph (m)(2).”

[^ 60] See 8 CFR 204.5(m)(11)(i).

[^ 61] See 8 CFR 204.5(m)(11)(ii).

[^ 62] See 8 CFR 204.5(m)(11)(iii). In elaborating on this issue in the final rule, USCIS determined that the sole instances where foreign nationals may be uncompensated are those who are “participating in an established, traditionally non-compensated, missionary program.” See 73 FR 72275, 72278 (PDF) (Nov. 26, 2008).

[^ 63] See 8 CFR 204.5(m)(11).

[^ 64] See 8 CFR 204.5(m)(4).

[^ 65] See 8 CFR 204.5(m)(2).

[^ 66] See 8 CFR 204.5(m)(2). See definitions of religious occupation and religious vocation in 8 CFR 204.5(m)(5).

[^ 67] See definition of religious worker in 8 CFR 204.5(m)(5).

[^ 68] See definition of minister in 8 CFR 204.5(m)(5).

[^ 69] See 8 CFR 204.5(m)(9).

[^ 70] See 8 CFR 204.5(m)(9)(i).

[^ 71] See 8 CFR 204.5(m)(9)(ii).

[^ 72] See 8 CFR 204.5(m)(9)(iii).

[^ 73] See INA 203(d).