Understanding the EB-4 green card backlog for Religious Workers — and what you can do about it

Written by Meredith W. Barnette, Esq., Partner, head of Religious Worker Specialty Practice Group.

Many religious organizations rely on foreign-born ministers, missionaries, and religious workers to serve congregations across the United States. The R-1 visa has long been a valuable tool to bring these individuals into the country temporarily, while the EB-4 “Religious Worker” green card category offers a pathway to permanent residency.

But in recent years, the EB-4 process has become increasingly difficult to navigate. The backlog in the immigrant visa category has left religious organizations in a bind, especially when some of their most valued workers are nearing the end of their five-year R-1 limit.

There is, however, a glimmer of hope: pending legislation called the Religious Workforce Protection Act could offer long-term relief for both workers and the organizations that sponsor them.

But, absent that bill becoming law, religious employers must understand the current immigration landscape and prepare proactively for any potential issues caused by backlogs and delays.

Background

Employment-based green cards are limited to at least 140,000 per year. The green cards are divided into several sub-categories, each of which receives a certain percentage of the overall green card allocation as prescribed by law. In addition, there are prescribed green card limits linked to country of origin — technically referred to as country of “chargeability,” which is usually the country of birth.

The Department of State (DOS) allocates green cards according to a prospective immigrant’s preference category, country of chargeability and priority date. The priority date, or the date the first step of the green card process is filed, is used to determine an immigrant’s place in the queue.

When demand exceeds the number of green cards available, as updated each month in the Visa Bulletin, the category becomes “backlogged” or “retrogressed.” This has the potential to create uncertainty for all employers, including religious institutions.

When applications exceed the annual limits, the government establishes a cut-off date to manage the flow. This date is published monthly in the Department of State’s Visa Bulletin. If the religious worker’s “priority date” (the date the Form I-360 was filed) is after the listed cut-off date, they must wait for their priority date to be reached before proceeding with adjustment of status or consular processing.

This backlog often causes religious workers to reach the five-year maximum on their R-1 visa while still waiting in the green card line. Without another visa option in place, they may have to leave the country. For the institutions that rely on them, this could mean major disruptions to their workforce and congregations.

Understanding the Visa Bulletin is essential for employers in order to plan accordingly for sponsorship of foreign nationals. Employers can consult with experienced immigration counsel to learn more about the Visa Bulletin and the visa sponsorship process.

The Religious Workforce Protection Act

In April 2025, a bipartisan group of lawmakers in both Houses of Congress introduced the Religious Workforce Protection Act, legislation that would directly address some of the issues facing many religious institutions who sponsor foreign nationals.

If passed, this bill would allow religious workers with an approved immigrant petition (Form I-360) to continue living and working in the United States beyond the five-year R-1 limit—even if their green card cannot yet be issued because of backlogs in the EB-4 category.

In essence, the bill would eliminate the need for religious workers to leave the U.S. after their R-1 time runs out, as long as they have an approved I-360 petition, and allow them to continue their employment in the U.S. while waiting for their green card to become available.

The bill is supported by many religious organizations, including The U.S. Conference of Catholic Bishops (USCCB), the Archdiocese for the Military Services, the Hindu American Foundation, the U.S. Council of Muslim Organizations and more.

Garfinkel Immigration Law Firm’s Religious Workers Specialty Practice Group is monitoring the proposed bill’s status in both Houses of Congress and will alert clients when and if circumstances evolve. Religious organizations should also consider reaching out to their congressional representatives to voice their support of the bill’s passage, if they so choose.

Other ways to prepare proactively for the EB-4 backlog

Religious organizations sponsoring foreign nationals can prepare for the EB-4 backlog by:

Reviewing timelines for R-1 workers

The R-1 nonimmigrant visa allows religious workers to stay in the U.S. for a maximum of five years. After that, they must leave the country, switch to another nonimmigrant visa, or adjust status to a green card, if they are eligible.

The problem? Retrogression often makes timely adjustment of status to green card difficult. Employers should track each R-1 worker’s visa duration and start planning well before their employee’s max out date in order to mitigate any unexpected departures or staffing gaps.

Exploring potential visa alternatives

Depending on the religious worker’s duties and credentials, there may be other viable visa options.

For example, our Firm has had success switching religious workers to cap-exempt H-1B nonimmigrant visas by demonstrating the employer has a written affiliation with a college or university. The TN visa may be an option for Canadian workers in specific roles, while the H-1B1 visa may be available for foreign nationals from Chile and Singapore.

Further, religious workers could apply for a green card in a non-EB-4 preference category, depending on immigrant visa availability in the Visa Bulletin and their eligibility.

Maintaining necessary documents and paperwork

Religious organizations should maintain a complete file for each sponsored worker, including:

Proof of nonprofit religious status (IRS 501(c)(3))
Organizational charts and job descriptions showing primarily religious duties
Evidence of regular compensation
Signed letters of employment and congregational support
Copies of R-1 and I-360 petitions

These materials help not only with immigrant and nonimmigrant visa petitions, but also with preparation in the event of audit, site visit, or request for evidence (RFE).

Speaking with an immigration attorney

Religious organizations should consider making consulting with an immigration attorney part of their regular hiring and retention strategy.

Experienced immigration counsel can help assess timelines, identify alternate visa paths if necessary, monitor the Visa Bulletin, and build a plan that supports staffing objectives and goals.