USCIS Publishes Changes to the Religious Worker Visa Program

21 Nov 2008

USCIS announced this week that it intends to make significant changes to the R-1 Religious Worker visa classification. In USCIS’ final rule, changes to the Religious Worker program will include the establishment of a requirement that employers submit a formal petition for temporary religious workers. In addition, the final rule includes provisions for increased inspections, evaluations, verifications and compliance reviews of religious organizations. The rule, in addition, will fulfill the Congressional mandate to eliminate and reduce fraud in religious organizations, said USCIS.

“Last year, we proposed revisions to the current regulations designed to safeguard the integrity of the religious worker program,” said Jonathan Scharfen, Acting Director, USCIS. “After careful consideration of the comments received from the public, we are confident that the final rule will not only help eliminate fraud from the program, but also will guarantee the continuation of an important and valuable program for genuine religious organizations.”

Prior to this final rule, foreign religious workers could request an R-1 visas at a consular post without any review of the religions organization or job offer in the U.S. This rule will require individuals seeking to enter the U.S. under this category to give to a consular officer an approved Petition for Alien Worker (Form I-129). Review of these cases in the U.S will, according to USCIS, provide the organization with the capacity to verify that the petitioner and the job offer are legitimate before issuing the visa to the religious worker and allowing that person to enter the U.S.

This final rule also reduces the initial period of admission for a nonimmigrant from three years to just 30 months, which, USCIS states, will allow them to review at an earlier time whether or not the terms of the visa have been met before extending the religious worker’s stay in the U.S.