If you are the employer of an R-1 religious worker, it is crucial to follow U.S. Citizenship and Immigration Services (USCIS) regulations regarding employment changes. Below is a guide to help ensure compliance with the termination notification requirements, along with key steps to take when preparing a termination letter.

When to Notify USCIS of Termination of Employment

Employers must notify USCIS within 14 calendar days of the termination of employment of an R-1 worker when “an R-1 [worker] is working less than the required number of hours or has been released from or has otherwise terminated employment before the expiration of a period of authorized R-1 stay.” See 8 CFR 214.2(r)(14). Notice of termination will be required when (but not limited to):

• Termination of employment occurred before the expiration of the worker’s authorized R-1 stay.
• Voluntary resignation by the R-1 worker.
• Where the religious worker is working fewer than the required number of hours specified in their original employment agreement.
• Failure to notify USCIS may result in a finding of noncompliance with immigration regulations.

How To Notify USCIS

Employers can notify USCIS through one of the following methods:

• Email: cscr-1earlyterminationnotif@uscis.dhs.gov
• Mail:
  USCIS California Service Center
  P.O. Box 30113 / ALL OTHER (Attn: BCU Section)
  Tustin, CA 92781

Preparing a Termination Letter:

A clear and detailed termination letter can help fulfill your notification obligations. Here’s what you can include (but not limited):

• Information about the employee’s R-1 Status
  • USCIS receipt number of the approved R-1 petition 
• Religious Worker’s Information
  • Full name of the R-1 worker;
  • A-number (if available);
  • Date of birth;
  • Country of birth;
  • Job category (E.g. Minister, Vocation, Occupation);
  • Employment end date.
• Employer’s Information
  • Name of the organization.
  • Employer Identification Number (EIN) (if available)
  • Contact information (name of contact person, address, phone number, email).
• Termination Details
  • Date of termination or reduction in hours.
  • Reason for the termination (e.g., performance, termination, resignation, reduced hours, organizational changes, etc.).
  • Reason for the notification or a reason for late notification (if applicable
  • Statement confirming that the employment sponsorship has ended.
• Closing Statement
  • A request for acknowledgment of receipt by USCIS.
  • Signature of the authorized representative.

Notifying USCIS of any changes in an R-1 worker’s employment is a critical responsibility for religious employers. Following the outlined steps can help maintain transparency with immigration authorities. Because regulations may change, we encourage you to check the USCIS web site for updates at https://www.uscis.gov. If you have additional questions, refer to USCIS regulations or consult an expert immigration attorney.