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Religious Immigration

The non-minister permanent residence program that includes religious brothers and sisters (religious vocations) and other non-minister religious positions (religious occupations) is scheduled to expire on 09/30/2015 unless it is renewed by Congress. If past experience is an indicator, we have every reason to believe that the program will be extended as it has been renewed several times.

On July 5, 2015, the U.S. Citizenship and Immigration Service (USCIS) issued a policy memo declaring that the “lawful status” requirements of the immigrant regulations for religious workers would no longer be considered when adjudicating the I-360 immigrant petition. In addition, USCIS will amend Title 8 CFR Sec. 204.5(m)(4) and (11) and remove the lawful status requirements from the immigrant regulations for religious workers. Prior to this change, to be eligible for permanent residence a religious worker needed to demonstrate that he/she had at least two years of experience (as a religious worker) and if that experience was gained in the U.S., the religious worker must have shown that he/she maintained lawful status (and work authorization) during that time. With this announcement, the lawful status requirement is eliminated and USCIS will not deny religious worker I-360 petitions on this basis.

An important part of the immigration process of sponsoring international religious workers to the U.S. involves a site visit from USCIS (U.S. Citizenship and Immigration Services). This is required per the immigration regulations and is used to verify the elements of the petition filed by the sponsor (including sponsor and beneficiary information, work location, etc.). These site visits may occur with advance notice or without any notice at all. Also, a successful site visit is a prerequisite for the sponsor’s ability to file I-129 petitions for nonimmigrant religious workers via premium processing.

 

 

Religious Organization Support for the Special Immigrant Non- Minister Religious Worker Visa Program

May 14, 2015

 

 

 

Honorable Mitch McConnell Senate Majority Leader United States Senate Washington, DC  20510

 

Honorable Harry Reid Senate Minority Leader United States Senate Washington, DC 20510

 

Dear Senators:

 

By: Megan S. Turngren

RIS Attorney

 

At this time of the year, many of our clients are searching for supply priests to help with additional coverage during the summer months.  With many clergy members planning vacations, there is always a need for additional help between May and September.  However, it is always important to consider the immigration consequences of hiring foreign-born priests for even a short period of time.

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