Talk about U.S. Immigration

Special Immigrant Religious Worker Sunset Provision

September 23, 2008 on 4:22 pm | In Changes in Law | No Comments

A government memo declares that unless Congress extends the program, the provisions of Section 203(b)(4) of the Immigration and Nationality Act, allowing non-minister religious workers to immigrate under the class “professional or religious worker in a religious vocation or occupation”, would expire on October 1, 2008. The memo closely follows the USCIS reminder issued on the September 19, 2008 to the same effect.

The two expiring categories that are the subject of the sunset provision are: the special immigrant workers in professional and non-professional capacities within a religious vocation or occupation. The immigrants under these two classification should adjust or be admitted into United States before October 1, 2008 including their accompanying or following to join spouses and children.

According to USCIS, while immigrant petitions (I-360) and applications (I-485 or I-824) for these category of workers are currently being accepted and processed expeditiously, all the unadjudicated petitions and applications relating to the two categories would be kept in abeyance once the program expires. Any filings made after that date would be rejected unless Congress extends the program.

Just so you know, the special immigrant provision for professional or religious worker in a religious vocation or occupation was enacted in 1990 and was extended from time to time. It is due to expire on October 1st, 2008. A proposed legislation seeking to extend the program is being considered by the Congress. The U.S. House of Representatives approved the extension and the proposal is currently under consideration before the Senate.