R Visa

USCIS Updates Guidance Related to Religious Workers

Release Date 

08/30/2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to reorganize and expand on existing guidance related to special immigrant and nonimmigrant religious workers.

This update reorganizes the special immigrant religious worker guidance for clarity and provides more comprehensive information about the special immigrant religious worker filing process, verification of evidence, and the site-inspection process.

Success in filing a nonimmigrant religious worker (R-1) petition

We  assisted our client, a nonprofit religious organization, in filing a nonimmigrant religious worker (R-1) petition for a new pastor.  We received a Request for Evidence (RFE) in which USCIS questioned the petitioner's ability to compensate the beneficiary. We responded with additional documentation supporting Petitioner’s ability to pay and its nonprofit status, such as bank statements and a final determination letter granting tax-exempt status as issued by the IRS. The case was approved.

 

Status
The case was approved.

Nonimmigrant Visas

Immigration Law

Sept 16, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics, Thursday, Sept 16, 2021

FAQ: Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once||Consequences of green card holders staying outside the USA for an extended time. Reentry permit protection ||Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending

USCIS Program Extension Alert

 U.S. Citizenship and Immigration Services (USCIS) advises the public that Public Law 112-176, signed by the President on Sept. 28, 2012, extends the following USCIS programs until Sept. 30, 2015:

  • E-Verify
  • Immigrant Investor (EB-5) Pilot Program
  • Special immigrant visa category for non-minister special immigrant religious workers
  • The date by which J-1 nonimmigrant exchange visitors must obtain that status in order to qualify for the Conrad 30 program.

Program Details

USCIS Memo on Maximum Period of Stay for R-1 Nonimmigrants

This memorandum provides instruction to Immigration Service Officers who adjudicate R-1 nonimmigrant petitions for aliens who are coming to the United States temporarily to perform religious work, and their dependents. This memorandum outlines the procedure to be used for recapturing time spent outside the United States by R-1 nonimmigrants when seeking an extension of their R nonimmigrant status.

Please check the attachment to read memo.

 

SCOPS Update – 07-13-2011

 

Filing location for concurrently-filed I-140/I-485 petitions 

Unless there is an accompanying I-907 all I-140/485 concurrent filings must be filed at the lockbox addresses. Depending on the jurisdiction the filing must be sent directly to TSC or NSC.

 

Employers who are cap-exempt under INA § 214(g)(5)(A) or (g)(5)(B) filing H-1B petitions 

State Dept. Amends Requirements for Aliens in Religious Occupations

[Federal Register: October 6, 2009 (Volume 74, Number 192)]
[Rules and Regulations]
[Page 51236-51237]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc09-4]

---------------------------------------

DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice: 6779]

Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended; Requirements for Aliens in Religious Occupations

AGENCY: State Department.

ACTION: Final rule.