Immigrant Program for Non-Minister Religious Workers Set to Expire

Individuals seeking to immigrate to the U.S. as non-minister special immigrant religious workers must adjust status or apply for and be admitted with an immigrant visa before October 1, 2008.

This deadline affects two categories of religious workers: religious professionals and non-professionals, including their accompanying or following to join spouses and children.

The sunset date does not affect religious workers who are ministers of a religious denomination.

Unless the deadline is further extended, the United States Citizenship and Immigration Services (USCIS) will reject Forms I-360 and I-485 filed on or after October 1, 2008.

The House of Representatives passed a legislation on April 14, 2008 seeking to extend the deadline and the Senate is also looking into the matter. However, as of press time, Congress has not yet passed a legislation extending the deadline. Absent such legislation, processing of I-360s and I-485s for special immigrant non-minister religious workers will be held in abeyance beginning October 1, 2008.

Under immigration laws, there are three types of religious workers that can be classified as special immigrants under the EB-4 employment-based classification. While only 7.1% of the overall 140,000 visas are allocated for the EB-4 classification worldwide, the visa availability for this category remains current for all countries.

The INA describes a religious worker as “a person who has for the past two years been a member of a religious denomination which has a bona fide nonprofit, religious organization in the United States; and who has been carrying on the vocation, professional work, or other work, continuously for the past two years; and seeks to enter the U.S. to work solely as: a minister of that denomination; or in a professional capacity in a religious vocation or occupation for that organization; or in a religious vocation or occupation for the organization or its nonprofit affiliate.”

Only the latter two are affected by the October 1 deadline.

On September 19, 2009, the USCIS issued guidance for handling and processing non-minister special immigrant religious worker petitions.

For those with pending I-485 adjustment of status based on an underlying I-360, the USCIS will seek to expedite the adjudication of their cases. For those with approved I-360 petitions but waiting for their visas abroad, their cases would be promptly forwarded to the National Visa Centers so that they may receive their immigrant visas and enter the U.S. before October 1. The immigrant visa applications of their spouses and children who are following to join will also be expedited.

An I-360 petition may be filed by a qualified religious organization. The petition must be accompanied by proof of qualification such as a letter from the authorized official of the religious organization attesting to the applicant’s membership in the religious denomination. The letter must also explain in detail the person’s religious work and all employment during the past two years for the religious organization and the proposed employment.

Evidence is also required establishing that the religious organization, and any affiliate which will employ the person, is a bona fide nonprofit religious organization in the U.S. and is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.