Why this petition matters:

Religious workers have come to the United States from many different nations to serve God while serving the people of America. They have spent countless amounts of time, energy, and money to be here in order to see this nation flourish. They work among the various communities of America, in churches and other faith-based organizations, serving the homeless, serving in immigrant communities helping the elderly and the poor. Religious workers bring unique and diverse cultural insight and skills that benefit American people and those seeking refuge from other nations.

On March 23rd, 2023, the US State Department announced, without warning, that they were changing the way they had interpreted some of the policies around waiting lists for Special Immigrant applicants in the 4th category (EB-4), which includes religious workers. With this sudden change in interpretation of policy, there are now no more green cards available for religious workers for approximately 11 years. For over 30 years, religious organizations and religious workers had a category, created by Congress in 1991, which gave a sufficient number of green cards. Without a legislative change or regulatory change, all religious workers, who have recently applied or were about to apply for a permanent residence green card, will have to leave this country when their temporary religious worker visas expire. 

This is also due to the regulations, which were put in place when there was no visa waiting list.  The USCIS regulations require temporary religious workers who start the green card process to leave the United States after being here for no more than five years. In other employment categories, workers may remain in the United States while waiting for their green cards. This departure for a year or longer severely disrupts the religious work of the worker and causes difficulties in staffing for religious organizations. In short, America will lose their ability to retain long-term missionaries who were about to apply for permanent residence. This is an untenable situation for both religious workers and the organizations, nonprofits, and churches they work for.

We are asking the Biden Administration, Secretary of State, Congressmen, and Senators to:

-For Congress - to amend the 4th Preference Category to set aside enough green cards for religious workers. Out of the nearly 10,000 green cards annually in the EB4 category, only about 1,000-1,500 are used for religious workers and their spouses and minor children each year. This would be a small set aside for these vital workers. 

-For USCIS - To approve regulatory changes that allow R-1 holders to file for the adjustment of status even though no green card is then available under the quota. This will allow religious workers to remain in the United States and obtain work and travel permits while waiting for the green card.  

-Alternatively, for USCIS to allow R-1 visa holders who have filed the initial application for a green card to extend their temporary, (R-1 visas) beyond the five-year limitation as is the case with other employment based green card applications.

Grant Deferred Action

-For USCIS - A grant of Deferred Action for an R-1 worker who has reached their five-year limitation in R-1 status but have filed the I-360 petition as the first stage of the green card process, will allow them to remain in the United States with a work authorization until a green card is available under the EB-4 green card quota.  This is given to the Special Immigrant Juvenile (SIJ’s) group that is also part of the EB-4 category, even though this group mostly came to the United States without a visa authorization.