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Suspension of
Premium Processing for R-1 Religious Workers Extended
Posted
Jan 18, 2008
©MurthyDotCom
The U.S. Citizenship and Immigration Services (USCIS) recently issued an
announcement
(PDF 40.6KB) that extends the suspension of premium processing services for
religious worker (R-1) petitions for another six months, until July 8, 2008.
A previous six-month suspension of such premium processing services was
announced by the USCIS on June 18, 2007.
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R-1 Adjudication Procedure to Become More Stringent
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MurthyDotCom and MurthyBulletin readers may recall our May 11,
2007 article USCIS Proposes Revisions for
Religious Workers, which reported
significant changes to the process proposed by USCIS for obtaining nonimmigrant visas for
religious workers. The USCIS is currently considering public comments and
finalizing its new regulations for R-1 visas. As the cited article
notes, the USCIS has detected high levels of fraud in religious worker
immigration categories.
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USCIS Intends to Reduce Rates of Fraud
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The proposed R-1 regulation will include new steps to eliminate fraud in the
religious worker program. Current USCIS regulations include a number of
procedures designed to ensure the legitimacy of the R-1 petitioner and the
statements made in an R-1 petition. These procedures may include
inspections, evaluations, verifications, and compliance reviews of
petitioning religious organizations.
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These anti-fraud procedures require more than the fifteen (15) days to
complete, which prevents the use of the premium processing procedure for
such cases. Long-time readers may recall our June 8, 2001 article,
INS Issues Instructions for
Premium Processing - June 2001, available on MurthyDotCom. It
reported that
premium processing requires a petitioner to pay an additional $1,000 but
results in a review of the petition within fifteen calendar (15) days,
rather than being processed under normal USCIS timelines.
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Conclusion
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The USCIS has stated that if, in the future, it is able to process R-1
petitions securely within the premium processing time lines, the R-1
nonimmigrant category may once again be authorized for premium processing
services. If this occurs, the USCIS may place additional restrictions on the
premium processing of R-1 visas. Readers will be updated through MurthyDotCom
and the MurthyBulletin as there are new developments in this
matter of concern to religious organizations, which often need the
services of qualified religious workers. These religious organizations must
now plan sufficiently ahead due to expected lengthy processing times in the processing of R-1 petitions.
Copyright © 2008, MURTHY LAW
FIRM. All Rights Reserved

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