Religious Workers Provisions "Sunset"
Posted Aug 15, 2003

Portions of the law, which allows religious workers to obtain green cards as "special immigrants" will expire, or "sunset," on October 1, 2003. When a law sunsets, it effectively disappears and no one is permitted to use that law from that date forward, unless it is re-enacted by Congress and signed by the President. In an attempt to adjudicate these cases prior to the termination of the provisions creating this category, processing of these cases will be expedited. On July 18, 2003, William R. Yates, Associate Director for Operations for the Bureau of Citizenship and Immigration Services (BCIS), issued a memo (Yates Memo) to BCIS Service Center Directors, BCIS Regional Directors, and the Administrative Appeals Office (AAO) to expedite the handling of all pending special immigrant religious worker petitions before the law that permits these religious workers to immigrate sunsets on October 1, 2003. The Yates Memo reminds the recipients that the applications of both the primary applicant and the applicant's dependents need to be adjudicated prior to the sunset date (on or before September 30, 2003).

Workers Affected

The provisions that are expiring are those that allow individuals who have engaged in a professional religious vocation or other work for a religious organization for at least two years to obtain permanent residency based upon an employment offer to perform the religious work for a bona fide religious organization in the U.S. A professional capacity in a religious vocation or occupation is an activity requiring a bachelor's degree. A religious occupation is defined as an occupation relating to traditional religious functions, such as liturgical workers, religious instructors or counselors. Religious vocations include those individuals "called" to religious life, who have taken vows, for example: nuns, monks, and religious brothers and sisters.

The category of special religious worker for "ministers" is not ending. Ministers are defined as individuals who are ordained to conduct religious worship and other traditional religious functions. Religious organizations can continue to sponsor these individuals.

I-360s, I-485s, and Related Applications should be Expedited

All aspects of the religious worker cases are included in the expedite instructions. In addition to the adjudication of the I-485s for affected special immigrant category religious workers, the Service Centers have also been directed to expedite the processing of I-360 petitions. This is the underlying petition for the I-485 for religious workers. Further, if the I-360 requests consular processing, the recipients must promptly notify the consulates of the need to process these cases. Finally, if the I-360 beneficiary has filed an I-824, Application for Action on Approved Petition, for any follow-to-join cases for family members, these cases must be expedited as well.

Impact on Other Cases

As explained in our article, Delays Due to Religious Worker Deadline of Sept 30, 2003, the California (CSC) and Nebraska (NSC) Service Centers have stated that processing the religious worker cases on an expedited basis will delay existing cases. The Yates Memo applies to all service centers. However, as of this writing, neither the Texas (TSC) nor Vermont (VSC) Service Center has issued an announcement on the topic; though they will also likely be adversely affected by this expedite policy.