Petitions for R-1/I-360 Religious Worker Status

Come Under Increased Scrutiny

Having found that immigration benefit fraud was pervasive in 2002, USCIS conducted a study on nonimmigrant (R-1) and immigrant (I-360) religious worker petitions in 2005 in order to assess their integrity.  The study subjected a random sample of 220 religious worker petitions to more intense scrutiny than they normally receive.  As a result, USCIS found approximately 33% of all petitions to be fraudulent.  Some examples outlined by the study included “paper” churches, misrepresentations of qualifications and duties of the beneficiary, falsification of sponsor’s ability to pay, and a failure to report current deportation proceedings.  

            This result forebodes a heightened scrutiny for future religious worker petitions.  Some immigration watchdogs argue for significantly curtailing the R-1 nonimmigrant religious worker visas, because of the possibility of bringing radical clerics related to terrorist groups, while religious leaders counter that they need the program because of the shortage of Americans who choose religious vocations.  The Department of Homeland Security is currently working to resolve the issue by significantly increasing the number of officers engaged in fraud detection. 

            This is an important development, particularly with regard to the Korean community, given that South Korea ranks among the top three countries of origin for receiving religious worker status.

            One can apply for R-1 or I-360 religious worker status upon a valid job offer from a sponsoring religious organization such as churches, synagogues and mosques.  Qualifying religious occupations must be religious in nature, including not only clergymen such as ministers and imams, but also religious instructors, cantors, religious translators, or religious broadcasters.  However, janitors, fund raisers, solicitors of donations are not qualified occupations.  Any secular duties carried out by “a religious worker” must be incidental. 

For both R-1 and I-360, an applicant must show that the occupation is religious in nature, full-time, and can be performed by a religious worker only.  The applicant must also be qualified to fill the position, i.e., received a theological or religious training, and the sponsoring organization must demonstrate that it needs such a full-time position.  Additionally, the applicant must attest that he or she has been a member of its denomination for at least two years, and the sponsor is a bona fide religious organization, qualified for a tax-exempt status, and has a financial capacity to pay for the applicant’s payroll.  When filing for permanent residence, the I-360 immigrant religious worker applicant also has an additional requirement to demonstrate that he or she has at least two years of continuous experience in the relevant field immediately prior to the filing.

An R-1 applicant may apply for the visa at the US Embassy or Consulate which has jurisdiction over his or her place of permanent residence.  However, if the applicant is already in the States in another non-immigrant status, it may be more advantageous to change status in the States.  This is so, particularly since the USCIS fraud assessment.  Embassies and Consulates handle a high volume of fraudulent petitions, and thus, the standard of scrutiny is higher abroad than in the States.

Finally, it should be noted in applying for these religious worker status that Consular officers and USCIS examiners have considerable latitude in adjudicating the case.  Therefore, any claims with respect to the applicant’s experience, training, membership or the position offered must be supported by documentary evidence, carefully prepared by a seasoned immigration attorney.  Failure to provide sufficient evidence or any required information may subject the applicant to the risk of R-1 or I-360 status being denied.

In fiscal year 2006, India was amongst the top five countries of origin for religious worker visa recipients.

On August 13 2006, Immigration Law Associates, P.C. will be participating in the Summer Festival at the Hindu Temple of Greater Chicago. Please visit our booth to sign up for consultation with an Immigration Attorney. You may also contact Immigration Law Associates, P.C. by phone (847)763-8500 or via email at ewalder@immig-chicago.com for consultation on your case.