WASHINGTON (AP) — In response to escalating immigration restrictions, the Department of Homeland Security (DHS) has announced a new regulatory change that aims to ease the process for visa-holding religious workers serving U.S. congregations. The change is intended to address the lengthy visa application wait times faced by many religious leaders essential for the spiritual guidance in American communities.
The regulations unveiled on Wednesday focus on reducing the backlog foreign religious workers experience when seeking legal permanent residency in the U.S. These individuals, who include pastors, priests, nuns, imams, and rabbis, often rely on temporary R-1 visas to enter and work in the U.S.
One key aspect of the new rule eliminates the requirement that R-1 visa holders must leave the U.S. for one year after reaching their maximum five-year term. Previously, the five years were typically sufficient for many to obtain green cards, but a recent shift in processing timings aggravated the backlog, forcing many to exit the country. Under the new regulations, they can depart but will be eligible to apply for re-entry immediately.
The DHS expressed its commitment to safeguarding religious organizations' ability to deliver crucial services. In a statement, the agency emphasized the roles religious leaders play in the fabric of American society and their integral support to communities across the nation.
Support from Attorneys and Faith Communities
Immigration attorneys and faith leaders have hailed the new rule as beneficial at a time when many other avenues for immigration have been restricted. The change is perceived as a significant step forward in protecting the religious rights and minimizing interruptions for faith-based communities.
Maryland immigration attorney Lance Conklin praised the rule, stating, “It’s a huge deal,” and underscored its importance in preventing disruptions within organizations dependent on these workers.
The U.S. Conference of Catholic Bishops commended the decision, describing it as a “truly significant step to support essential religious services.” Archbishops and other church leaders expressed appreciation for the administration’s actions to bolster the Religious Worker Visa Program.
Religious organizations across the spectrum, including various faith traditions, have long depended on clergy from abroad who offer valuable resources, especially in languages and training specific to their religious heritage.
Context of Immigration Complications
Previously, the five-year R-1 visa allowed congregations sufficient time to apply for green cards under the EB-4 category, which grants eligibility for permanent residency. Various quotas on green card issuance, designated by Congress, often lead to delays, particularly affecting those from high-demand countries who may find themselves stuck in prolonged application processes.
In March 2023, changes by the State Department added migrant children with Special Immigrant Juvenile Status to the general green card queue, further complicating the situation for religious workers. Thousands reportedly remain stuck in the green card system due to these compounding delays.
Legal action has also been undertaken by the Catholic Diocese of Paterson, New Jersey, alongside lawsuits aimed at addressing the ramifications of such policy changes on their operations and religious freedoms. A bipartisan legislative effort has surfaced to seek further adjustments to immigration policies benefiting religious workers.
Dell’Orto reported from Minneapolis.
