Rule changes initiated by the US Department of State have resulted in backlogs for noncitizen religious workers seeking visas, resulting in onerous consequences for religious workers and their communities.
The following article was published in the March-April 2024 issue of NewsNotes.
The process by which non-citizen religious workers, including Catholic Fathers, Brothers, and Sisters receive visas to work in the United States has recently become a lot harder.
Religious workers and missioners who are not US citizens require a Religious Worker Visa (R1). This visa is usually valid for five years. If the noncitizen worker is assigned to work in the US for a longer time, they must adjust their immigration status and apply for a Legal Permanent Resident visa, commonly called the Green Card, before their R1 visa expires.
In March 2023, the US Department of State issued a bulletin and notice describing changes to the dates and deadlines associated with filing for employment-based visas. The changes announced in the bulletin exacerbated the COVID-induced backlog, reduced the number of permanent residencies available to religious workers, and made it difficult for foreign-born religious workers to attain permanent residency on time. Previously, the process would take about a year or two. Today, the minimum wait time for the application is more than five years, which means the R1 visa (temporary nonimmigrant visa) that allows religious workers to serve in the US will run out before the permanent residency status can be conferred. The noncitizen religious workers would therefore be forced to depart the US for a period of at least one year in order to apply for a new R1 visa. The departure of religious workers would impact not only the religious worker, but also the worker’s community, and congregation.
In a letter written by the Catholic Legal Immigration Network Inc., several religious groups, concerned individuals, and advocates expressed to the Assistant Secretary of the Bureau of Consular Affairs and the Director of the US Citizenship & Immigration Services (USCIS) their concerns about the negative impacts of the changes announced in the bulletin last year. They urged the Department of State (DOS) and the USCIS to reconsider the recent changes to minimize the harm to religious workers and their communities.
The letter reiterated a previous letter by CLINIC and the US Conference of Catholic Bishops in which they recommended:
- Reducing the time frame that religious workers are required to stay outside the US after their R1 visas expire to not more than 30 days. This action would minimize the negative impact caused by short staffing.
- Providing training for their officers to ensure religious workers are not unfairly delayed or denied upon applying for a new R1 visa.
- And implementing policies on a phased timeline to give religious organizations ample time to plan for their religious workers.
Screenshot of the US Citizenship & Immigration Services website.