INS on Sunset of Immigrant Religious Workers

Section 101(a)(27)(C) of the Act provides for special immigrant status for ministers and professional or other religious workers who perform a religious vocation or occupation. The Act states that professional or other religious workers must enter the United States before October 1, 1994. This category for professional or other religious workers terminates or "sunsets" on October 1, 1994. The immigrant category for ministers continues indefinitely.

The regulations currently state that any petitions filed on behalf of special immigrant religious workers, other than ministers, must be submitted on or before September 30, 1994. See 8 CFR 204.5(m)(1). The statute requires that the entire immigration process be completed on or before September 30, 1994. After that date, an alien cannot adjust status or enter the United States as a special immigrant religious worker, except as a minister. The Service intends to publish a rule in the Federal Register informing the public about this deadline.

It takes several months for the Service to adjudicate an I- 360 petition and, if approved, for the alien to apply for adjustment of status or enter the United States on an immigrant visa. If a field office receives any inquiries from the public, the office should inform the public that any applicants for special immigrant religious worker status, other than as a minister, need to begin the process as soon as possible in order to meet the statutory deadline. If there are any questions regarding this instruction, please contact Michael Straus, Senior Immigration Examiner at 202/514-5014.

James A. Puleo

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