The U.S. Citizenship and Immigration Services (USCIS) announced updated guidance for religious workers. The efforts expand and reorganize existing guidance. Per the Immigration and Nationality Act (INA), qualified individuals who are affiliated with a verified religious organization or affiliate are given the option to apply for a special immigrant visa, the R-1 nonimmigrant visa classification. This visa allows the recipient to temporarily enter the United States as a minister for a specific religious organization.
This update to the regulations gives a more detailed outline as related to special immigrant religious workers. It also clarifies how the petitions can meet compensation requirements, even if the employer is not the organization that will be providing the compensation to that specific religious worker. The updates are effective immediately and apply to all petitions filed on or after August 30, 2022. The new policy supersedes all prior guidance for religious workers.
Among the updates are additional descriptions of the special immigrant religious workers filing process, evidence verification, and the process to be followed for site inspection. It also gives greater detail as to the options to prove that the prospective employer is in fact a qualifying organization, that the individual’s role is a qualifying position, and how the individual will be compensated as a religious worker. These elements help both the individual and the related organizations to more readily prove their qualifications for the visa.
We continue to actively monitor updates to policy for all immigration-related issues. If you have questions about a religious worker visa or any other immigration-related issue, please contact us. We work closely with our clients, applying our years of expertise and experience to every matter. See how we can help you, too.