Transitioning from an R-1 visa to an EB-4 visa is a common pathway for religious workers seeking to obtain permanent residency (Green Card) in the U.S. The EB-4 category is a special immigrant visa classification that includes religious workers, allowing them to apply for a Green Card. Here’s how the process works:
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1. Eligibility for EB-4 (Religious Worker Green Card)
To transition from an R-1 visa to an EB-4 visa and eventually obtain a Green Card, you must meet certain criteria:
- Religious Work: You must have been employed continuously in a full-time religious position (at least 35 hours per week) in the U.S. for at least two years prior to filing for EB-4 status.
- Position: You must work in a ministerial, religious vocation, or religious occupation position within a U.S.-based nonprofit religious organization.
- Organization: The sponsoring religious organization must be a tax-exempt entity recognized by the IRS under section 501(c)(3).
2. Filing Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
The process of transitioning from an R-1 visa to an EB-4 Green Card starts with the filing of Form I-360, which must be submitted by the religious organization on behalf of the worker.
- The organization must provide proof that you meet the eligibility requirements, including evidence of your religious employment and membership in the religious denomination.
- The Form I-360 serves as the petition for immigrant status under the EB-4 visa category.
3. Documentation for Form I-360
The I-360 petition must include:
- Proof of the religious organization’s tax-exempt status (such as the IRS determination letter).
- Proof of the applicant’s qualifications and religious employment.
- Evidence that the applicant has been working in a qualifying religious occupation or vocation for at least two years before filing the petition.
- Documents proving the continuous employment in a religious role.
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4. Priority Date and Visa Bulletin
Once the Form I-360 is approved, you will receive a priority date, which is the date when USCIS received your petition. Your priority date determines when you are eligible to apply for a Green Card based on the availability of EB-4 visas for your country of origin. You will need to monitor the Visa Bulletin to see when your priority date becomes current.
5. Adjustment of Status (Form I-485) or Consular Processing
Once your priority date is current, you can apply for permanent residency through one of the following:
- Adjustment of Status (Form I-485): If you are already in the U.S. on an R-1 visa, you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) to adjust your status to that of a permanent resident. This allows you to stay in the U.S. while your application is being processed.
- Consular Processing: If you are outside the U.S., you can apply for an immigrant visa through consular processing at a U.S. consulate or embassy in your home country.
6. Concurrent Filing
In some cases, if your priority date is current at the time of filing the I-360 petition, you may be able to file Form I-485 concurrently with Form I-360. This can potentially shorten the processing time for your Green Card.
7. Processing Time
- The processing time for transitioning from an R-1 visa to an EB-4 Green Card can vary. Approval of Form I-360 typically takes several months, and the overall process, including waiting for a current priority date, can take a year or more, depending on visa availability in the Visa Bulletin.
8. EB-4 Cap and Exemptions
The EB-4 category is subject to an annual visa cap, but religious ministers (clergy) are exempt from this cap, meaning there is no annual limit on the number of visas available to ministers. However, other religious workers (non-ministers) are subject to the visa cap, which can lead to longer wait times.
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9. Dual Intent
Although the R-1 visa is technically not a dual-intent visa, the process of transitioning from an R-1 visa to an EB-4 Green Card is well-established, and applicants are generally not penalized for having the intent to become a permanent resident while on an R-1 visa.
Transitioning from an R-1 visa to an EB-4 Green Card allows religious workers to obtain permanent residency in the U.S. by proving their commitment to their religious vocation and fulfilling all required eligibility criteria. By following the outlined steps and working with a sponsoring religious organization, the path to permanent residency becomes more accessible.
