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VISA SPOTLIGHT: SPECIAL IMMIGRANT RELIGIOUS WORKERS

There are 140,000 employment-based immigrant visas available each year, of which 10,000 are reserved for "special immigrants." Included within this visa category, EB-4, are religious workers, which is further broken down into ministers, those who work in a professional capacity for a religious organization, and those who work for a religious organization in a religious vocation.

The following are requirements for an EB-4 religious worker visa:

* The sole purpose for entry must be to perform as a minister, working in a professional capacity in a religious vocation or occupation for a relitious organization and at the organization's request;

* The immigrant must have worked as in the religious occupation for at least two years prior to coming to the US;

* The religious organization must need the immigrant's services;

* The religious organization must be bona fide and be recognized in the US;

* The immigrant must be authorized by the religious organization to perform religious services.

Religious workers who are not ministers have been allowed into the US since 1990 under a program admitting up to 5000 per year. This program is due to expire in 2000. As is required with ministers, the other religious workers must have served in the capacity they seek to fill in the US for at least two years immediately before applying.

The procedure for applying for an EB-4 visa requires extensive documentation. The tax exempt status of the religious organization must be detailed, and the applicant must get a letter from an authorized official within the religion proving his prior membership, explaining how the applicant will continue his religious work, and how the applicant will be remunerated.

Derivative status is available for spouses and children of EB-4 workers.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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