Immigration laws limit the number of immigrant (permanent residence) visas issued during the government’s fiscal year, i.e., Oct. 1, 2018 to Sept. 30, 2019. The number of immigrant visas for employment-based, or EB, cases begins at 140,000 per year. The religious worker permanent residence program falls under the EB 4th preference category, which includes ministers (EB 4th) and non-ministers (EB 4th – Certain Religious Workers). Certain countries may also have a numerical limit imposed on them because of the high number of applicants from those countries (the category had become oversubscribed). This ensures that all other countries will have nearly equal opportunity to apply for those visas. This numerical limit appears each month when the Department of State issues the Visa Bulletin. The monthly bulletin will show two charts:

• Final Action Dates for EB Preference Cases, i.e., dates when visas may be issued
• Dates for Filing EB Visa Applications, or dates when applicants may apply

Each month, USCIS determines if permanent residence visas are available and open to apply and will decide which chart to officially use. In addition, the State Department may also include valuable information about the availability or unavailability of immigrant visas in the coming months on its monthly report, e.g., how the non-minister sunset expiration or extension might affect the availability of visas. Therefore, it is important to review the information in both the USCIS and the State Department’s Visa Bulletin to understand whether the religious worker is eligible to apply for permanent residence.

For example, the State Department’s April 2019 Visa Bulletin currently shows two charts. Look at the EB 4th (ministers) and EB 4th – Certain Religious Workers (non-ministers). Under the Final Action Dates chart, Mexico has a limit imposed, and it lists a priority date of April 1, 2018. Under the Dates for Filing chart, Mexico has no limit imposed, and the letter “C” appears to denote that it is current. If you rely on the latter, then it appears your religious worker from Mexico is eligible to apply for her/his permanent residence, i.e., the worker is eligible to apply for an immigrant visa or submit an adjustment of status application. However, the analysis does not end here. We must see which chart USCIS has decided to use for the month of April. For April 2019, USCIS has opted for the Final Action Dates chart, thus showing a limit for Mexico and a priority date of April, 1, 2018.

The date appearing in the chart is the priority date or the filing date/received date of the I-360 immigrant petition. The I-360 receipt and approval notice lists this date on the document.

Here are some examples of scenarios of religious workers with a valid R-1 status in the United States:

 

Scenario 1: The Diocese of Laguna Niguel filed an I-360 petition for Sr. Maria from Mexico on Aug. 15, 2018. It was approved on Feb. 15, 2019. Is Sr. Maria eligible to adjust status, i.e., submit her I-485 application, in April 2019?

• Sr. Maria’s priority date: Aug. 15, 2018
• April 2019 Visa Bulletin for EB 4th – Certain Religious Workers from Mexico: April 1, 2018

Answer: The chart is not current for Mexico, and Sr. Maria’s priority date is after April 4, 2018. The date has not been reached by the listing in the current visa bulletin. Therefore, she is not eligible to adjust status in April.

 

Scenario 2: The Diocese of St. Albans filed an I-360 petition for Sr. Gloria from Mexico on Dec. 30, 2017. It was approved on Feb. 15, 2019. Is Sr. Gloria eligible to adjust status in April 2019?

• Sr. Gloria’s priority date: Dec. 30, 2017
• April 2019 Visa Bulletin for EB 4th – Certain Religious Workers from Mexico: April 1, 2018

Answer: The chart is not current for Mexico, but Sr. Gloria’s priority date is before April 1, 2018. The date has been reached and surpassed by the listing in the current visa bulletin. Therefore, she is eligible to adjust status in April.

 

Scenario 3: The Diocese of Lincoln filed an I-360 petition for Fr. Juan from Mexico on Feb. 1, 2019.  It was approved on March 15, 2019 (wow, super-fast!). Is Fr. Juan eligible to adjust status in April 2019?

• Fr. Juan’s priority date: Feb. 1, 2019
• April 2019 Visa Bulletin for EB 4th - Certain Religious Workers from Mexico: April 1, 2018

Answer: The chart is not current for Mexico, and Fr. Juan’s priority date is after April 1, 2018. The date has not been reached by the listing in the current visa bulletin. Therefore, he is not eligible to adjust status in April.

For more information about immigration statistics and the visa bulletin, please visit the following links:

• Immigration Data & Statistics, U.S. Department of Homeland Security
• Visa Statistics, U.S. Department of Homeland Security
• The Visa Bulletin, U.S. Department of State—Bureau of Consular Affairs
• Adjustment of Status Filing Charts from the Visa Bulletin, U.S. Citizen and Immigration Services