Immigrant Petitions; Religious Workers

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 204

[INS No. 1436-94]

RIN 1115-AC71

Immigrant Petitions; Religious Workers

AGENCY: Immigration and Naturalization Service.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule amends the Immigration and Naturalization

Service (Service) regulations by providing that all persons, other than

ministers, immigrating to the United States as religious workers, must

immigrate or adjust status to permanent residence before October 1,

1994. This interim rule implements section 101(a)(27)(C)(ii) of the

Immigration and Nationality Act (Act) which provides that religious

workers who have two years of membership and experience in a religious

occupation or vocation qualify as special immigrant religious workers.

By statute, this immigrant category for religious workers expires on

October 1, 1994. This rule codifies, in regulatory form, the October 1,

1994, statutory deadline.

DATES: This rule is effective May 26, 1994. Written comments must be

submitted on or before June 27, 1994.

ADDRESSES: Please submit written comments, in triplicate, to the

Records Systems Division, Director, Policy Directives and Instructions

Branch, Immigration and Naturalization Service, 425 I Street NW., room

5307, Washington, DC 20536. To ensure proper handling please reference

INS No. 1436-94 on your correspondence.

FOR FURTHER INFORMATION CONTACT:

Michael W. Straus, Senior Immigration Examiner, Adjudications Division,

Immigration and Naturalization Service, 425 I Street NW., room 7122,

Washington, DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION: Section 151(a) of the Immigration Act of

1990 (IMMACT), Public Law 101-649, November 29, 1990, created a new

special immigrant category for religious workers and ministers by

amending section 101(a)(27)(C) of the Act. In order to qualify as a

minister, the applicant must be an ordained minister of a religious

denomination and have carried on the vocation of minister during the

two years immediately preceding the application for admission. Section

101(a)(27)(C) also provides for special immigrant status for persons,

other than ministers, who will work in a religious occupation or

vocation for a religious organization in a professional or other

capacity. Such religious workers must have carried on the religious

occupation or vocation during the two-year period immediately preceding

the petition for special immigrant status. See section

101(a)(27)(C)(i)(I) of the Act.

Unlike the provision for ministers, which does not contain a sunset

provision, section 101(a)(27)(C)(ii) (II) and (III) of the Act states

that the other two types of religious workers must ``seek to enter the

United States before October 1, 1994.'' By requiring special immigrant

religious workers (with the exception of ministers) to enter the United

States before October 1, 1994, Congress clearly intended that this

immigrant category terminate or ``sunset'' on that date. The

Immigration and Nationality Act requires that a petition be filed with

the Service to establish the alien's eligibility for special immigrant

status as a religious worker. See section 204(a)(1)(E)(i) of the Act.

The next step in the immigration process is for the alien to enter the

United States as a permanent resident or adjust status to permanent

residence under the religious worker category. By requiring special

immigrant religious workers to immigrate before October 1, 1994,

Congress mandated that the entire immigration process for these persons

must be completed before October 1, 1994. In other words, in order to

immigrate under the special immigrant religious worker category, aliens

who are not ministers must have a petition approved on their behalf and

either enter the United States as an immigrant or adjust their status

to permanent residence before October 1, 1994. On or after October 1,

1994, the Service will lack the statutory authority to accord permanent

resident status to a religious worker. The Department of State

regulations already provide that an immigrant visa issued to a special

immigrant religious worker shall be valid no later than September 30,

1994. See 22 CFR 42.32(d)(1)(ii). This interim rule is consistent with

both the statute and the Department of State regulation.

8 CFR 204.5(m)(1) currently states that petitions for professional

religious workers and other religious workers must be filed on or

before September 30, 1994. For the sake of clarification, 8 CFR

204.5(m)(1) will be amended to provide specifically that aliens must

obtain permanent resident status through immigration or adjustment of

status on or before September 30, 1994, to qualify under the special

immigrant religious worker category.

The Service's implementation of this rule as an interim rule, with

provision for post-promulgation public comment, is based on the ``good

cause'' exception found at 5 U.S.C. 553(b)(B) and (d)(3). The reason

and necessity for immediate implementation of this interim rule is as

follows: Immediate promulgation of this interim rule is necessary to

remove any ambiguity regarding the September 30, 1994, sunset date well

in advance of the statutory deadline, thereby reminding qualified

religious workers other than ministers and sponsoring religious

organizations of the need to complete the permanent residence process

if they wish to immigrate pursuant to section 203(b)(4) of the Act.

Regulatory Flexibility Act

The Commissioner of the Immigration and Naturalization Service, in

accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has

reviewed this regulation and by approving it certifies that this rule

will not have a significant economic impact on a substantial number of

small entities. This rule merely clarifies a statutory deadline for a

limited number of aliens to become special immigrant religious workers.

Executive Order 12866

This rule is not considered by the Department of Justice,

Immigration and Naturalization Service, to be a ``significant

regulatory action'' under Executive Order 12866, Section 3(f),

Regulatory Planning and Review, and the Office of Management and Budget

has waived its review process under section (6)(a)(3)(A).

Executive Order 12612

The regulation will not have substantial direct effects on the

States, on the relationship between the national government and the

States, or on the distribution of power and responsibilities among the

various levels of government. Therefore, in accordance with Executive

Order 12612, it is determined that this rule does not have sufficient

Federalism implications to warrant the preparation of a Federalism

Assessment.

Executive Order 12606

The Commissioner of the Immigration and Naturalization Service

certifies that she has addressed this rule in light of the criteria in

Executive Order 12606 and has determined that it will have no effect on

family well-being.

List of Subjects in 8 CFR Part 204

Administrative practice and procedure, Aliens, Employment,

Immigration, Petitions.

Accordingly, part 204 of chapter I of title 8 of the Code of

Federal Regulations is amended as follows:

PART 204--IMMIGRANT PETITIONS

1. The authority citation for part 204 continues to read as

follows:

Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1186a,

1255; 8 CFR part 2.

2. In Sec. 204.5, paragraph (m)(1) is amended by revising the last

sentence to read as follows:

Sec. 204.5 Petitions for employment-based immigrants.

* * * * *

(m) Religious workers--(1) * * * Professional workers and other

workers must obtain permanent resident status through immigration or

adjustment of status on or before September 30, 1994, in order to

immigrate under section 203(b)(4) of the Act as section 101(a)(27)(C)

special immigrant religious workers.

* * * * *

Dated: May 11, 1994.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 94-12849 Filed 5-25-94; 8:45 am]

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