The second Trump administration took office this past January, and more than 100 days later, anxiety within the immigrant community in the United States continues to grow. Interest in immigration strategy is rising among those who have not yet secured stable status through a green card or their desired change of status. This article takes a detailed look at the advantages and disadvantages of pursuing an employment-based green card (primarily EB-2 or EB-3) through a nonprofit religious organization such as a church, cathedral, or temple, along with other options worth considering.

Employment-Based Green Cards Through Religious Organizations (the Standard Employment-Based Process)

Here, the "standard employment-based process" refers to the ordinary employment-based green card process for the general occupational categories, not the EB-4 process, which is specifically for religious immigration and is limited to clergy. Clergy (the "clergy" occupational category) are formally included within the general occupational categories as well, so this process can be understood as covering a wide range of occupations. In other words, in addition to the EB-4 (religious worker) category, clergy members may also choose EB-2/EB-3 (the standard employment-based process) as a potentially more favorable path depending on their individual circumstances. And for non-clergy, it is worth keeping in mind that although obtaining a green card through EB-4 is practically not an option, the EB-2/EB-3 process sponsored by a religious organization remains available.

Advantages

  1. Likelihood of Cooperation From a Nonprofit Organization Many religious organizations are devoted to their local communities and are proactive about helping their congregants or community members. This means that a job offer arranged through a relationship with a religious organization may come together relatively smoothly.
  2. A Wide Range of Occupations to Choose From Even within a religious organization, one can apply under the EB-2 or EB-3 category for a variety of roles suited to a nonprofit's characteristics, including administrative, educational, and outreach positions. Beyond directly religious duties, general administrative roles or community service-related roles are also possible. For example, someone with a background in music or the arts may qualify for a role in a church's affiliated education program, and someone with a background in mathematics or Korean language may likewise qualify for an education-program role. Even a field of study that seems to have no direct connection can often still support a green card application through a related role, so it is worth consulting with an immigration attorney to explore the various options available.
  3. An Advantage in Demonstrating the Sponsor's Ability to Pay: Unlike a for-profit business, a religious organization has more flexibility in demonstrating its ability to pay the offered wage. An ordinary for-profit company often has to inflate its reported tax figures in order to demonstrate sufficient ability to pay. A religious organization, however, can demonstrate ability to pay through documents such as Tax Form 990 or an audited financial report, which it is not otherwise obligated to file, without incurring any resulting tax liability — making this an advantageous option.
  4. A Relatively High Approval Rate Religious organizations tend to be viewed as trustworthy institutions, and the fact that lawful employment is taking place can work in the applicant's favor during review by the Department of Labor and USCIS.

Disadvantages

  1. A PERM Process Is Required Unlike the EB-4 religious immigration category, the standard employment-based categories, EB-2 and EB-3, generally require going through the PERM (labor certification) process. Put simply, this is the procedure for proving that no qualified and willing U.S. worker could be found for the position.
  2. Debate Over Whether the Role Qualifies EB-2 and EB-3 in most cases require meeting specific educational and experience requirements. But it is worth remembering that, in addition to clergy positions, quite a number of non-religious roles (for example, education-related or administrative roles) can still be sponsored by a religious organization for an employment-based green card.
  3. Concerns About Long-Term Employment Stability Religious organizations often operate on limited budgets, which can make it difficult to guarantee stable, continued employment.

EB-4 (Religious Worker — Clergy — Green Card)

Advantages of EB-4

  1. No PERM Process Required EB-4 does not require the PERM process, so the administrative burden on both the employer and the applicant is comparatively lighter.
  2. Clarity of the Role Because the job requirements for a religious worker are clearly defined, the review standards are relatively straightforward.

Disadvantages of EB-4

  1. Limited Roles EB-4 requires that the position be a "clergy" role or a specific religious-occupation role, which narrows the range of positions that can qualify.
  2. Requirements for the Religious Organization The employer must be registered as a nonprofit religious organization and must be offering a religious-related position. Problems can arise if the organization does not have sufficient legal standing as a religious organization (for example, documentation such as an IRS tax-exempt status determination letter is required).
  3. Requirement to Prove at Least Two Years of Religious Work To file an EB-4 petition, the applicant must prove that they carried out religious duties, such as pastoral work, as a member of the clergy at that religious organization for at least two years. For example, a pastor who has performed pastoral work for the sponsoring church for at least two years, typically on an R-1 religious worker visa, meets this requirement. Documenting this requirement can, however, sometimes prove difficult.
  4. A More Rigorous Review Process EB-4 petitions are subject to more rigorous review standards than standard employment-based petitions (EB-2 and EB-3), and processing times can also be longer.

Conclusion

EB-4 is limited to religious occupations, while EB-2 and EB-3 allow for a more flexible approach that includes a variety of administrative and support roles within a religious organization. Even though the PERM process is required, a well-prepared application generally has a higher likelihood of approval under the EB-3/EB-2 category. In other words, pursuing an employment-based green card through a religious organization via EB-2 or EB-3 offers a broader range of eligible positions and a higher likelihood of approval compared to EB-4, allowing for a more stable and flexible immigration strategy to be developed. It is also important to consider other options together, such as the NIW, H-1B, and family-based green cards, and choose the immigration pathway best suited to each individual's circumstances.

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