November 28 , 2008

Congress Extended Special Immigrant Nonminister Religious Workers Program to March 6, 2009

This sunset date, for special immigrant nonminister religious workers was initially implemented in 1990, has been extended four times. This provision expired on October 1, 2008. The Special Immigrant Nonminister Religious Worker Program Act, S. 3606, Public Law No. 110-391 (October 10, 2008) extends the program to March 6, 2009 contingent, in part, upon promulgation of a new rule to ``eliminate or reduce fraud related to the granting of special immigrant status'' to nonminister religious workers.

To qualify for religious worker status, the alien, whether a special immigrant or nonimmigrant, must have been a member of a religious denomination having a bona fide, non-profit religious organization in the United States. The applicant must have been a member of the religious denomination for at least two years preceding application for religious worker status. The alien also must plan to work as a minister of the denomination or in a religious occupation or vocation for a bona fide, non-profit religious organization (or a tax- exempt affiliate of such an organization). Examples of persons working in religious occupations or vocations that may be eligible for religious worker visas currently include, but are not limited to, workers in religious hospitals or healthcare facilities, religious counselors, cantors, or missionaries. This group does not include maintenance workers, clerical workers or persons solely involved in fundraising.

USCIS does not currently require that a nonimmigrant living outside of the United States file a petition to obtain a religious worker visa (R-1). At present, an alien can initiate an R-1 classification at a consular office overseas through application for an R-1 visa (without any prior approval of a petition by USCIS).

Some of the changes under the new regulations included:

Requiring sponsoring employers to submit all petitions for religious worker status, rather than allowing the aliens to submit these petitions. Under the new petitioning process, USCIS will have the opportunity to verify the sponsoring employer and terms of employment before approving the petition.

Providing notice of USCIS's intent to conduct on-site inspections as part of the petition approval process. This will allow USCIS to verify the legitimacy of the sponsoring employer and the terms of employment.

Requiring that a religious worker (unless the alien has taken a vow of poverty or similar commitment) be compensated by the employer in the form of a salary or stipend, room and board or other support that can be reflected in verifiable Internal Revenue Service (IRS) documents.

Adding or amending regulatory definitions to describe more clearly the regulatory requirements.

Establishing additional evidentiary requirements for the petitioning employers and prospective religious workers.

Adjusting the date to March 6, 2009 which special immigrant religious workers, other than ministers, must immigrate or adjust status to permanent residence.

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