EB-4 Non-Minister Religious Worker Program Expiration

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The September 30th, 2025, Sunset Ends a Key Immigration Pathway for Religious Workers

The EB-4 Non-Minister Religious Worker Program officially expired on September 30, 2025, after Congress failed to reauthorize it before the end of the fiscal year. The program, which provided lawful permanent residence opportunities to religious workers serving in non-ministerial roles such as missionaries, nuns, monks, and church administrators, has long been a vital resource for U.S. faith communities. Its lapse means that new petitions for non-minister religious workers are no longer being accepted, and pending cases remain on hold pending congressional action.

Understanding the EB-4 Religious Worker Categories

The Employment-Based Fourth Preference (EB-4) immigrant visa classification allows certain “special immigrants” to obtain permanent residency. These include religious workers, U.S. government employees abroad, broadcasters, and other humanitarian categories.

Within the religious worker classification, the law distinguishes between:

Ministers: Ordained clergy and individuals performing religious sacramental functions

Non-Minister Religious Workers: Individuals engaged in a religious vocation or occupation but not ordained ministers

The minister program is permanent under the Immigration and Nationality Act (INA), but the non-minister program was created as a temporary provision that must be renewed by Congress. Without reauthorization, the statutory authority for USCIS and the Department of State (DOS) to process petitions lapses.

Legislative Outlook

Congress has historically reauthorized the EB-4 Non-Minister Religious Worker Program through short-term spending or appropriations bills. Advocacy organizations, including the U.S. Conference of Catholic Bishops and Interfaith Immigration Coalition, are urging lawmakers to make the category permanent, arguing that religious institutions depend on non-minister workers for community outreach, humanitarian aid, and education.

However, as of December 2025, no legislation has been passed to reinstate the program. The next possible opportunity for reauthorization will likely coincide with upcoming budget negotiations in early 2026.

If Congress does act to restore the program, the reauthorization may apply retroactively, allowing pending cases to move forward. Still, practitioners are cautioned to avoid relying on retroactivity when advising clients.

Implications for Religious Organizations and Applicants

For Religious Employers:

Sponsorship for non-minister workers can no longer proceed until Congress reauthorizes the program

Religious institutions should review staffing plans and consider temporary or alternative visa options, such as R-1 temporary religious worker visas, to maintain operational continuity

Organizations must communicate clearly with foreign workers already in the United States under temporary status to ensure lawful presence while awaiting possible program reinstatement

For Religious Workers:

Non-minister applicants with pending petitions should monitor USCIS announcements for reauthorization updates

Adjustment-of-status filings based on non-minister EB-4 petitions cannot be approved while the program is lapsed

Those working under valid R-1 status may continue their work but should coordinate with legal counsel regarding extensions or transitions to other categories

For Immigration Attorneys:

File monitoring is essential. Attorneys should track affected cases and update clients on any congressional developments

Employers should be advised on compliance and workforce strategies to avoid unauthorized employment after the lapse

Stay prepared for potential retroactive reinstatement, which has occurred in prior years. In such cases, USCIS typically resumes processing for petitions filed before the expiration

Have questions about how the EB-4 program lapse affects your organization or clients? Connect with our team for strategic guidance and stay ahead of ongoing immigration policy changes.

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EB-4 Non-Minister Religious Worker Program Expiration

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