Every person who embarks on life as an immigrant in the United States must overcome a significant hurdle: obtaining legal status that allows them to freely engage in economic activities and settle in the country. This means securing a work visa or permanent residency. This challenge applies to immigrant clergy as well. Many first-generation immigrant pastors in The United Methodist Church (UMC) began their journey on a student visa (F-Visa) during their studies, transitioned to a religious visa (R-Visa), and later resolved their status through either religious permanent residency (EB-4) or employment-based permanent residency (EB-2). Like other employment-based immigration processes, the religious immigration process also requires sponsorship, which was typically provided by either the local church or the conference. Financially well-established Korean churches generally became sponsors for their pastors, supporting them in obtaining religious or employment-based permanent residency. For pastors in Cross-Racial/Cross-Cultural Ministry (CRCC), it was often difficult for local churches to provide financial sponsorship, so the conference stepped in to resolve their status issues. In recent years, as many conferences faced difficulties in recruiting pastors, they actively provided sponsorship for young Korean pastors, supporting their R-Visas and EB-4 religious permanent residencies. Through this process, many pastors in the UMC have secured the legal status necessary to live as immigrants, allowing them to faithfully respond to God's call.
연합감리교회 자료의 주간 e-뉴스레터인 <두루알리미>를 받아보시려면, 지금 신청하세요.
However, significant changes occurred after March 2023. Due to an administrative action by the U.S. Department of State, the door to religious permanent residency effectively closed, preventing many pastors from applying for EB-4 religious permanent residency. The EB-4 category for employment-based immigration includes not only religious workers but also special immigrants, such as special immigrant juveniles (SIJ) and other designated groups. Administratively, U.S. Citizenship and Immigration Services (USCIS) has maintained a quota system that limits the number of green cards issued to certain countries with high immigration demand. Until March 2023, this quota was applied to three South American countries (El Salvador, Guatemala, and Honduras) in the special immigrant juvenile process under the EB-4 category. As a result, even if there were many SIJ applicants, it did not affect religious green card applicants. In other words, once a green card petition (I-360) was approved, the pastor could submit an I-485 green card application at any time because the Visa Bulletin from the U.S. Department of State consistently showed a "C" (current) status for religious workers, meaning applications were being accepted.
However, in March 2023, the Department of State revealed that an administrative error had occurred in the SIJ process and announced the removal of the green card quota for the three South American countries. This merged the previously separate lines into one, meaning religious green card applicants now had to join the same queue. This queue has grown so long that it is fair to say the EB-4 religious permanent residency process is effectively over. As of January 2025, according to the February 2025 Visa Bulletin, the filing date for the I-485 green card application for EB-4 religious workers is February 1, 2021. This means that only those who filed their I-360 petitions before February 1, 2021, are eligible to apply for a green card. In other words, only those who submitted and were approved for an I-360 petition four years ago are now eligible to file an I-485 application. This is why the door for religious permanent residency for pastors is effectively closed.
To submit an I-360 petition, the applicant must have served at the sponsoring church or conference for at least two years under an R-1 religious visa or another employment-eligible status (such as CPT or OPT). Therefore, those who filed their I-360 petitions four years ago must have started their ministry six years prior. The problem is that the R-1 religious visa, including one extension, has a maximum validity of five years. Under the current visa bulletin, it takes six years to apply for religious permanent residency, meaning R-1 visa holders are logically unable to apply for an EB-4 green card within the five-year limit. Regardless of the outcome of the green card approval, if an I-485 application could be submitted, R-1 visa holders could remain in the U.S. even if their R-1 visa expired, and once the work and travel permit (commonly known as a combo card) was approved, they could continue to work and receive a salary before their green card was granted. However, under the current situation where they cannot even file an I-485 application, they must leave the U.S. as soon as their R-1 visa expires. Some pastors are taking a break from ministry to return to school, while others are permanently returning to Korea. This is the current reality many pastors are facing.
Is there a solution to this situation? The issue of clergy status has been ongoing for two years, and efforts to find solutions are still in progress. For example, the New England Annual Conference was the first to recognize the status issues faced by immigrant clergy, prompted by concerns raised by the Asian Caucus, and proposed a conference-level solution. The conference decided to support employment-based immigration (EB-2) instead of religious immigration (EB-4), centralizing legal assistance to resolve status issues. The New York Annual Conference, to which I belong, also raised concerns through the Korean Caucus, following the New England Annual Conference model, and received a commitment of support from the conference. After lengthy discussions with conference staff, immigration attorneys, and those directly affected, the decision was made to wait for the reopening of the EB-4 category. In the meantime, the conference would assist in transitioning R-1 religious visas to H-1B work visas. Given that each conference and individual pastor’s situation is different, finding a one-size-fits-all solution to status issues is not easy.
However, there is something we must all remember in resolving this issue: this is not something an individual pastor can solve on their own. It is not an issue that can be resolved by a small group of affected individuals banding together. Greater attention and solidarity are needed. Korean caucuses in each conference must take the lead, and we must unite with other ethnic caucuses as well. If necessary, we must join forces with other denominations or religious groups facing similar challenges. To persuade the conferences, we need a forum where we can share information and experiences. This topic must become a major agenda item at the Korean Association of the United Methodist Church and be addressed not just at the conference level but at the General Conference level. Above all, this issue cannot be ignored once a pastor’s status is resolved. This is not just a matter for one pastor; it is a pressing issue for our entire Korean community and will remain a challenge for the future.
Rev. Jinha Choi is serving at First & Wesley United Methodist Church in New York Annual Conference.
Rev. CheonEui Oh is an ordained clergy at UMC who serves as the director of Korean/Asian Leader Resources. He can be reached at [email protected]나 or (615) 742-5457.