The Department of Homeland Security (DHS) released a proposed rule for the public to review and comment over the next 60 days. The DHS made this rule effective right away despite the comment period. The rule removes the requirement that religious workers leave the U.S. for one year when they reach their five-year limit in the U.S.
Currently, individuals coming to the U.S. to serve as a religious worker for a non-profit religious organization may qualify for the R-1 nonimmigrant visa. This allows individuals to enter and work in the U.S. for up to five years. If they change employers, the five-year limit does not restart. The limit only restarts after the person leaves the U.S. for a full year. This limit has proven very disruptive for many organizations.
For religious organizations who desire to have their religious worker employees stay beyond the five-year limit, they may sponsor them for permanent residency. While there are different routes to seek permanent residency, one of the more common options is the employment-based fourth preference (EB-4) option for special religious workers. Some organizations may also leverage the employment-based second preference (EB-2) or employment-based third preference (EB-3) options which require a test of the labor market to see if there are any qualified U.S. workers for the roles. Regardless of the route, government processing times and the shortage of immigrant visas make the five-year limit insufficient. As a result, the proposed rule by the Department of Homeland Security, which would allow individuals to extend their stay without having to be outside of the U.S. for a year or more is a welcome.
The above information has been provided for educational purposes only. The described rule is currently just a proposal and has not been finalized. Please also contact your Clark Lau LLC attorney to determine how the above may impact you. Stay tuned for the latest developments.