Eligibility Criteria Under the New USCIS Religious Worker Guidelines
Related Guidance Religious Workers. U.S. Citizenship and Immigration Services, is improve its policy advice in the USCIS Policy Manual. The aim is to reorganize and expand on existing guidance for special immigrant and nonimmigrant religious workers. The update make clear the special immigrant religious worker advice, and provides comprehensive information about the special immigrant religious worker filing process. This includes verification of evidence and the site-inspection process. This Chapter has been reorganized for consistency with the R-1 nonimmigrant visa content and expands on existing guidance. On March 15, 2022, President Biden signed into law H.R. 2471. This extended the EB-4 non-minister special immigrant religious worker program through Sept. 30, 2022.
The U.S. Citizenship and Immigration Services (USCIS) has released updated guidance in its Policy Manual regarding both temporary R-1 nonimmigrant and permanent EB-4 special immigrant religious workers. These updates aim to reorganize existing policies for greater clarity. Additionally, they provide more comprehensive information on complex issues like compensation and the verification process.
The key clarification concerns the compensation requirements for both R-1 and EB-4 petitions. The new guidance acknowledges that certain related petitioners may meet the compensation requirement even if the attesting employer will not directly pay the religious worker. This is especially relevant for affiliated religious organizations that operate under a larger denominational structure. However, USCIS maintains that third-party compensation—such as room and board provided by an individual church member—is generally not considered sufficient unless the petitioning organization can prove it reimburses the third party. This shift emphasizes that the petitioner remains financially responsible for the worker.
Enhanced Scrutiny and Verification
The guidance provides more detail on the evidentiary requirements needed to prove the prospective employer is a qualifying organization. It also ensures that the religious worker will be employed in a bona fide religious position. Petitioners must provide robust documentation, including a currently valid IRS 501(c)(3) tax exemption letter. If the organization’s tax exemption is not explicitly categorized as “religious,” petitioners must submit additional proof establishing the religious nature and purpose of their activities.
Furthermore, the USCIS policy solidifies the site-inspection process. While a pre-approval site visit is not required for every case, USCIS is mandated to conduct a pre-approval compliance review for all petitions. This inspection may involve a site visit to the religious worker’s location. The purpose is to verify the accuracy of the petition’s details, including work hours, compensation, and duties. These updates underscore USCIS’s commitment to preventing fraud while providing clearer standards for legitimate religious organizations.