DOS on Special Immigrant Religious Workers

1. Summary: The Special Immigrant Religious Worker provisions, INA 101(A)(27)(C)(i)(ii) and (iii), sunset by October 1, 1994. All aliens, principals and their spouses and children qualifying under these provisions must be admitted to the United States by October 1, 1994.

2. Statute: The INA Minister of Religion section IA 101(A)(27)(C), was amended by the Immigration Act of 1990 to include special immigrant status for certain religious workers. The statutory language accords such special immigrant status to religious workers until October 1, 1994. The amended INA 101(A)(27)(C) reads as follows:

"An immigrant, and the immigrant's spouse and children if accompanying or following to join the immigrant, who (i) for at least 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States; (ii) seeks to enter the United States (I) solely for the purpose of carrying on the vocation of a minister of that religious denomination, (II) before October 1, 1994, in order to work for the organization at the request of the organization in a professional capacity in a religious vocation or occupation, or (III) before October 1, 1994, in order to work for the organization (or for a bona fide organization which is affiliated with the religious denomination and is exempt from taxation as an organization described in section 501(C)(3) of the internal revenue code of 1986 at the request of the organization in a religious vocation or occupation; and (iii) has been carrying on such vocation, professional work, or other work continuously for at least the 2 year period described in clause (1)."

3. Regulation: The Department promulgated regulations on the issue incorporating the sunset provisions. The regulations at 22 CFR 42.32 (D)(1) reads as follows:

(i) classification based on qualifications under INA 101(A)(27)(C)

An alien shall be classifiable under INA 203(B)(4) as a special immigrant described in INA 101(A)(27)(C) if:

(a) The Consular Officer has received a petition approved by INS to accord such classification, or an official notification of such approval; and

(b) The Consular Officer is satisfied from the evidence presented that the alien qualifies under that section; or

(c) The Consular Officer is satisfied the alien is the spouse or child or a religious worker so classified and is accompanying or following to join the principal alien.

(ii) Timeless of Application

An immigrant visa issued under INA 203(B)(4) to an alien described in INA 101(A)(27)(C), other than a minister of religion, who qualifies as a "religious worker" as defined in 8 CFR 204.5(1), shall bear the usual validity except that in no case shall it be valid later than September 30, 1994.

4. Minister of Religion: As the statute, regulations, and instructions point out, the sunset provision applies only to religious workers. The admission to the United States of ministers of religion under INA 101(A)(27)(C) is not repeat not affected by the October 1, 1994 termination date. Applications for immigrant status as a minister of religion may continue to be processed pursuant to normal procedures.

5. Sunset for religious workers and their spouses and children: All aliens who qualify under INA 101(A)(27)(C)(ii)(ii) and (iii) shall not be issued a visa with a validity period beyond September 30, 1994. In view of this cut-off date, special immigrant religious worker case including those of spouses and children of religious workers who have already received or will receive immigrant visas, shall be processed as expeditiously as possible, regardless of the stage of processing, these cases shall be given priority treatment. Consequently, cases before the department as advisory opinion, files at TIVPC or the NVC and cases at post shall be processed expeditiously, on the other hand, limited or no assistance can be provided in cases where the petition is before the INS or when the priority date is not current. To expedite processing, INS may be cabling to consular posts approval notices of petitions approved as well as notices verifying adjustment of status of principal aliens such cables should be accepted for visa processing.

6. Conclusion: Although it is possible that Congress may in the interim period take the necessary legislative action to remove the sunset clause, the Department is not aware of any pending action on this issue. Thus, it is imperative that the Department make its best effort to process these cases within the time limit. Although the alien clearly bears the burden of pursuing his/her application in timely fashion, the various offices of the Department must likewise process such cases with due diligence.

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