USCIS Proposes Revisions for Religious Workers
Posted May 11, 2007
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The USCIS has detected extremely high levels of fraud in the religious worker immigration categories. In its effort to eliminate fraud and misrepresentation within these categories, the USCIS has proposed significant revisions to special immigrant and nonimmigrant religious worker classifications. An April 19, 2007 press release contains some of the details. In addition to eliminating opportunities for fraud, the proposed changes purport to streamline the process for legitimate petitioners. The USCIS will accept public comments until June 25, 2007, after which they will make a decision and publish the final regulation. The proposal contains provisions impacting both the R-1, temporary, nonimmigrant religious worker category as well as the Special Immigrant green card category for religious workers.
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Petitions Required for Religious Workers
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The USCIS proposing to require the filing of a Petition for a Nonimmigrant Worker (Form I-129) before an R-1 nonimmigrant visa or status may be approved. Currently, it is possible to request an R-1, temporary, religious worker visa at a consular post or, in certain situations, at the port of entry, without any prior review of the petition by the USCIS. This change would put a required level of review for eligibility and legitimacy within the hands of the USCIS.
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Shorter Initial Period of Admission
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The proposed rule also reduces the initial period of admission for a nonimmigrant R-1 worker from three years to one. This will provide an opportunity for the USCIS to review the petitioner's compliance with the terms of the status after the first year. After the initial year, the petitioner will be able to apply for extension of status on behalf of the religious worker beneficiary.
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On-Site Inspections
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The USCIS will notify petitioners that they reserve the right to conduct on-site inspections of the organization seeking to employ either a nonimmigrant or a special immigrant religious worker. The inspections will serve to detect and deter fraud and allow the USCIS to monitor issues of status compliance for the nonimmigrant religious workers.
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Expansion of Certain Terms to Benefit R Workers
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Some of the proposed changes will make it much easier for petitioners to meet their burden of showing eligibility. There are proposed changes in definitions, including an expansion of the definition of religious occupation, as well as religious vocation, and an expansion of the prior work condition in the special immigrant requirements, in order to allow experience that is not identical to the offered job. The proposed regulation makes a distinction between the two types of possible employer petitioners: non-profit religious organizations and bona fide organizations affiliated with the religious denomination.
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Conclusion
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The changes outlined here for MurthyDotCom and MurthyBulletin readers will not be put into place unless and until the regulation is approved and made final. If the levels of fraud detected in the religious worker programs are accurate, however, there is certainly a need for change.