The Fourth Preference EB-4 "Special Immigrants" and "Religious Workers"

Special Immigrants receive 7.1 percent of the yearly worldwide limit. The vast majority of EB-4 applicants must be the beneficiary of an approved I-360, Petition for Special Immigrant. Certain spouses and children may accompany or follow-to-join the principal special immigrant. Different types of special immigrants provided for under immigrant law are listed below:

• Religious workers coming to carry on the vocation of a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination;
• Certain overseas employees of the U.S. Government;
• Former employees of the Panama Canal Company;
• Retired employees of international organizations;
• Certain dependents of international organization employees; and
• Certain members of the U.S. Armed Forces.

Religious Workers
To qualify as an EB-4 special immigrant religious worker, you must be a member of a religious denomination that has a non-profit religious organization in the United States. You must have been a member of this religious denomination for at least two years before applying for admission to the United States. You must be entering the United States to work:

• As a minister or priest of the religious denomination;
• In a professional capacity in a religious vocation or occupation for the religious organization (a professional capacity means that a U.S. baccalaureate degree or foreign equivalent is required to do this job); or
• In a religious vocation or occupation for the religious organization or its nonprofit affiliate. (A religious vocation means a calling or devotion to religious life. Taking vows can prove that you have a calling to religious life. A religious occupation is an activity devoted to traditional religious functions. Examples of religious occupations include (but are not limited to) cantors, missionaries, and religious instructors.)

You must have been performing this religious work for the past two years.

Dependents of Employment Based Beneficiaries

The dependent spouse and child of an employment-based beneficiary are considered derivative beneficiaries. They are therefore eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary.

To qualify as derivative beneficiaries, dependent children must be unmarried and under age 21. However, the provisions of the Child Status Protection Act provide some protection to ensure that such children do not lose their eligibility if they reach 21 before they have completed processing of their immigrant cases. The Child Status Protection Act is discussed elsewhere at this web site.