Court Mandates DHS to Allow Concurrent Filing for Religious Workers
July 9, 2009
The services provided by religious workers are very highly valued in the United States. As a result, there are special immigrant visas given to religious workers who seek to enter the US or adjust status to that of a permanent resident in order to perform religious activities. The special category of visas is known as the Special Immigrant Religious Worker category.
The following are the requirements for qualifying as a Special Immigrant Religious Worker.
1) The petitioner must be a bona fide religious organization. The organization petitioning the religious worker must have a recognized creed, form of worship, and established place of worship. Additionally, the organization must be legitimate and bona fide. Lastly, the organization must be incorporated and either have tax-exempt status or qualify as a nonprofit organization.
2) The applicant must have an offer of employment by a US religious organization to work in “a religious vocation or occupation.” A religious occupation is one that relates to a traditional religious function, such as religious instructors, liturgical workers, cantors, and catechists. A minister is a person who is authorized to conduct religious worship, such as priests, pastors, and rabbis.
3) The individual must be working with the religious organization as a religious worker for at least two years before applying for a visa. The individual must be able to furnish documentary evidence of full-time employment (at least 35 hours of work per week) during the 2 years immediately preceding the filing of the special immigrant religious worker petition. The employment may be voluntary or compensated, so long as there is confirmation of the performance of religious work.
The first advantage to the Special Immigrant Religious Worker category is that an individual does not need to go through the tedious task of first obtaining a labor certification with the Department of Labor.
In addition, the visa category for Special Immigrant Religious Workers has not been affected by the visa retrogressions that have caused most employment-based petitions to be delayed by a period of years. This category continues to be current with no waiting list.
Furthermore, the Washington District Court recently issued a court order mandating the Department of Homeland Security (DHS) to accept the concurrent filing of the I-485 Application for Adjustment of Status and I-765 Application for Employment Authorization together with the I-360 Petition requesting classification as a special immigrant religious worker. Previously, the DHS required that an individual first obtain an approved I-360 Petition confirming classification as a religious worker. Only after an approval could an individual apply for adjustment of status and a work permit.
The court order now requires the DHS to accept the I-360 Petition, I-485 Adjustment Application and I-765 Employment Authorization Application all together. The ability to concurrently file all applications at one time is a very important procedural change as the immigration laws contain strict time limitations over when an individual is eligible to apply for adjustment of status. This will now allow more individuals to seek adjustment of status, as well as a work permit while waiting for the outcome of the applications.
The law pertaining to Special Immigrant Religious Workers will be expiring on September 29, 2009. Although there are strong indications that the law will be extended beyond that time, individuals who have selflessly devoted their efforts for a religious cause should proceed with the petition process as soon as possible or else the opportunity may no longer be available.
For further information, please schedule an appointment at Aquino & Aquino, A Professional Law Corporation, 625 Fair Oaks Avenue, Suite 101, South Pasadena, CA, 91030; (626) 799-3089.