Instructions For Form I-129 - Petition For A Nonimmigrant Worker Page 12
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231986, subsequent amendment or equivalent sections of
B. The duties must be primarily related to, and must
prior enactments of the Internal Revenue Code. The
clearly involve, inculcating or carrying out the
organization must have a currently valid determination
religious creed and beliefs of the denomination;
letter from the Internal Revenue Service confirming the
C. The duties do not include positions which are
tax exemption. Tax-exempt organization is defined
primarily administrative or support such as janitors,
below.
maintenance workers, clerical employees, fund
3. Religious Denomination means a religious group or
raisers, persons solely involved in the solicitation of
donations, or similar positions, although limited
community of believers that is governed or administered
administrative duties that are only incidental to
under a common type of ecclesiastical government with:
religious functions are permissible; and
A. A recognized common creed or statement of faith
shared among the denomination's members;
D. Religious study or training for religious work does
not constitute a religious occupation, but a religious
B. A common form of worship;
worker may pursue study or training incident to
status.
C. A common formal code of doctrine and discipline;
D. Common religious services, and ceremonies;
7. Religious Vocation means a formal lifetime commitment,
through vows, investitures, ceremonies, or similar indicia,
E. Common established places of religious worship,
to a religious way of life. The religious denomination
religious congregations; or
must have a class of individuals whose lives are dedicated
F. Comparable evidence of a bona fide religious
to religious practices and functions, as distinguished from
denomination.
the secular members of the religion. Examples of
vocations include nuns, monks, and religious brothers and
If there is no hierarchical ecclesiastical government, an
sisters.
individual church may qualify as a religious denomination
by submitting a description of its internal governing
8. Religious Worker means an individual engaged in and,
structure.
according to the denomination's standards, qualified for a
religious occupation or vocation, whether or not in a
4. Denominational Membership means membership during
professional capacity, or as a minister.
at least the two year period immediately preceding the
filing date of the petition, in the same type of religious
9. Tax Exempt Organization means an organization
denomination as the petitioning U.S. religious
exempt from taxation under section 501(c)(3) of the
organization where the alien will work.
Internal Revenue Code of 1986, subsequent amendment,
or equivalent sections of prior enactments of the Internal
5. Minister means an individual who:
Revenue Code.
A. Is fully authorized by a religious denomination, and
A. The organization must demonstrate tax-exempt status
fully trained according to the denomination's
by submitting a currently valid Internal Revenue
standards, to conduct religious worship and perform
Service 501(c)(3) tax exemption determination letter.
other duties usually performed by authorized
members of the clergy of that denomination;
B. A determination letter may be currently valid
regardless of whether it is issued under 501(c)(3) of
B. Is not a lay preacher or a person not authorized to
the Internal Revenue Code of 1986, subsequent
perform duties usually performed by clergy;
amendment, or equivalent sections of prior
C. Performs activities with a rational relationship to the
enactments of the Internal Revenue Code.
religious calling of the minister; and
C. These requirements also apply to religious
D. Works solely as a minister in the United States which
organizations that are recognized as tax-exempt under
may include administrative duties incidental to the
a group tax exemption.
duties of a minister.
6. Religious Occupation means an occupation which meets
all of the following requirements:
A. The duties must primarily relate to a traditional
religious function and be recognized as a religious
occupation within the denomination;
Form I-129 Instructions (Rev. 12/04/09)Y Page 12
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