For foreign religious workers in the United States, the path to obtaining a green card has become more challenging than ever. This is largely due to the EB-4 visa category, which encompasses Religious Workers (RWs) but is also shared with other groups, such as Special Immigrant Juveniles and other priority applicants, whose numbers vastly outnumber RWs. In April 2023, the Department of State (DOS) announced significant changes in how visas are allocated within the EB-4 category, creating substantial retrogression in priority dates for many RW applicants. This change has severely impacted their ability to obtain permanent residency in a timely manner.
The Fallout for R-1 Religious Workers
As a result of these changes, many R-1 ministers and individuals working in religious occupations or vocations find themselves unable to secure green cards within the five-year maximum period allowed under the nonimmigrant R-1 status. This often forces them to: Return to their home countries for at least one year before reapplying for R-1 status, or transition to a different nonimmigrant visa category allowing them to remain in the U.S. until they can secure a green card. This situation presents significant challenges for both the religious workers and the communities they serve particularly as there really aren’t other nonimmigrant visa categories intended for religious workers.
A Case Study: Transitioning a Pastor from R-1 to H-1B Status
One notable success involved a pastor from a small Midwestern church, who was nearing the end of his five-year R-1 stay. Faced with the prospect of losing its beloved pastor, with my guidance the church decided to pursue an H-1B visa—despite the inherent challenges and uncertainty. The H-1B would afford the church a longer runway to obtain a green card for the pastor (at least an additional 6 years in the U.S.), under either the EB-4 religious worker category or under the EB-3 category, which is often the category to which H-1B holders transition. Given the limited number of H-1B visas available, the strict educational requirements, and the competitive lottery system, I estimated the odds of success at only 50/50.
Step 1: Entering the H-1B Lottery
The first hurdle was for the pastor to be selected in the Fiscal Year 2025 H-1B lottery. While the initial lottery drawing in late March was unsuccessful, the pastor was ultimately selected in USCIS’s second lottery held in July. Now, the challenge really began.
Step 2: Proving the Position Requires a Bachelor’s Degree
Next, we needed to demonstrate that the position of Lead Pastor was in fact a specialty occupation, requiring at least a bachelor’s degree from a U.S.-accredited university or the equivalent in a field closely related to the job duties. Note that many Christian denominations require their pastors to have bachelor degrees from bible colleges associated with the denomination, which are generally NOT accredited with any USCIS-approved accrediting organization. To accomplish this we obtained:
- An Expert Opinion Letter: We secured a detailed letter from a regional leader in the Christian denomination, explaining that Lead or Senior Pastors are required to have at least a Bachelor of Theology degree and often a related master’s degree. The letter highlighted the importance of rigorous education (including in the fields of church history, philosophy, liturgy, psychology, communications, leadership etc.) and training in fulfilling the responsibilities of a Lead Pastor. (At this stage we intentionally didn’t address the issue of which type of college the bachelor degree could be obtained from.)
- Additional Support Letters: Three other Lead Pastors in the denomination provided letters affirming that their specific roles required them to have advanced theological education and that they in fact had the required degrees.
Step 3: Evaluating the Pastor’s Educational Background
The pastor held a bachelor’s degree from a Canadian bible college, but at the time of his graduation, the institution was not accredited by a service recognized by USCIS. Consequently, his degree alone did not meet the H-1B requirements.
Fortunately, H-1B regulations allow candidates to substitute work experience for formal education, using three years of relevant experience to replace each year of college/university that is lacking. With over 20 years of experience as a Lead/Senior Pastor, the candidate far exceeded the 12 years required to compensate for the lack of an accredited degree.
Step 4: Credential Evaluation
We needed an evaluation company with the expertise to assess the pastor’s work experience, determine that it was equivalent to a U.S. Bachelor of Theology degree, and provide us with a formal evaluation to that effect. After contacting numerous companies, we found one that provided the necessary evaluation at a reasonable cost.
Step 5: Parallel Positions Within the Industry
I performed independent research looking for online job postings from similar churches which required the pastor candidates to have at least bachelor’s degrees. I collected six such postings which were added to our petition, and demonstrated how similar the churches posting these ads were to our church in membership size, community size, and geographic location.
Step 6: Independent Research on the Job Duties of a Pastor and Preparation Needed
Since work visa petitions are really all about telling a good story and developing a narrative relating to the demands of a job and the type of preparation required, I performed my own research on the training required for pastors. I again focused on the deep knowledge of history, liturgy, and Christian theology required, as well as the need for excellent communication and leadership skills, showing how all of these skills are normally developed in bachelor of theology degree programs.
Step 7: Filing the Petition
We submitted the H-1B petition through premium processing as the pastor’s R-1 was going to expire with a few months, and he needed to plan his next steps if the H-1B failed. To our relief, the application was approved without any additional questions from USCIS within 5 days of receipt.
Step 8: Beginning the Green Card Process
Now that the pastor has moved to the H-1B category, the church is eager to begin the process of obtaining a green card for the pastor. Since the EB-4 category normally used by religious workers has proven unreliable, we are moving forward through the EB-3 category. This is a multi-step, time consuming process which will be discussed in a subsequent post, but the pastor will have plenty of time to get through the process while on H-1B status (which can be extended beyond 6 years if necessary). We have already obtained the required prevailing wage determination and are onto advertising the position and recruitment.
Lessons Learned
This case underscores the significant challenges and potential solutions for religious workers navigating the U.S. immigration system:
- Thorough Preparation: Success required careful documentation, independent research, expert opinions, and credential evaluations to meet USCIS requirements.
- Creative Solutions: Utilizing work experience as a substitute for formal education proved crucial in this case.
- Advocacy and Persistence: The church’s willingness to invest time and resources was instrumental in achieving this outcome.
While changes to the EB-4 category have made it harder than ever for religious workers to obtain green cards, cases like this demonstrate that alternative visa pathways, though challenging, can lead to success. Religious institutions facing similar challenges should seek experienced legal guidance to explore all available options for retaining their valued leaders.
Law Offices of Marla Schechter is an immigration law practice focusing on business and family immigration. Call or schedule a free consultation to discuss your case: www.getausvisa.com.