Religious Workforce Protection Act
This bill allows the Department of Homeland Security (DHS) to extend the nonimmigrant visa status of certain religious workers.
Under current law, if specified conditions are met, nonimmigrant religious workers may receive a visa for a period not to exceed five years. The bill allows DHS to grant an extension until the individual’s application for adjustment of status to permanent resident or an immigrant visa has been processed and a decision has been made. To be eligible for the extension, the individual must be (1) the beneficiary of a certain type of immigrant petition, and (2) eligible for such immigrant status absent the application of certain numerical limitations.
Such individuals who have pending adjustment of status applications are also granted certain job flexibilities, such as the ability to change employers. Individuals who have previously departed the U.S. due to the expiration of their visa are exempt from the one-year foreign residence requirement to renew their visa.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2672 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 2672
To authorize the continuation of lawful nonimmigrant status for certain
religious workers affected by the backlog for religious worker
immigrant visas.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 7, 2025
Mr. Carey (for himself, Mr. Neal, Ms. Salazar, and Mr. Stauber)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To authorize the continuation of lawful nonimmigrant status for certain
religious workers affected by the backlog for religious worker
immigrant visas.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Religious Workforce Protection
Act''.
SEC. 2. EXTENSION OF NONIMMIGRANT STATUS FOR RELIGIOUS WORKERS CAUGHT
IN LONG BACKLOGS FOR LAWFUL PERMANENT RESIDENCE.
(a) In General.--Section 214(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(a)(2)) is amended by adding at the end
the following:
``(C) Notwithstanding section 101(a)(15)(R)(ii), an alien may apply
for, and the Secretary of Homeland Security may grant, an extension of
nonimmigrant status under section 101(a)(15)(R) until such alien's
application for adjustment of status or an immigrant visa has been
processed and a decision has been made on such application if the
alien--
``(i) is the principal or derivative beneficiary of an
immigrant petition filed pursuant to section 204(a) for a
preference status under section 203(b)(4); and
``(ii) is eligible to be granted such immigrant status
absent the application of the numerical limitations under
sections 201, 202, and 203.''.
(b) Conforming Amendment.--Section 101(a)(15)(R)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(R)(ii)) is
amended by inserting ``, except as provided in section 214(a)(2)(C),''
after ``5 years''.
SEC. 3. LIMITED JOB FLEXIBILITY FOR CERTAIN RELIGIOUS WORKERS WITH
LONG-DELAYED APPLICATIONS FOR LAWFUL PERMANENT RESIDENCE.
Section 204(j) of the Immigration and Nationality Act (8 U.S.C.
1154(j)) is amended by striking ``subsection (a)(1)(D)'' and inserting
``subsection (a)(1)(F) or subsection (a)(1)(G)(i) (with respect to
special immigrants described in section 101(a)(27)(C))''.
SEC. 4. EXEMPTION TO 1-YEAR FOREIGN RESIDENCE REQUIREMENT FOR CERTAIN
NONIMMIGRANT RELIGIOUS WORKERS.
An alien described in section 214(a)(2)(C) of the Immigration and
Nationality Act, as added by section 2(a), who departed from the United
States due to the 5-year limitation on nonimmigrant status under
section 101(a)(15)(R) of such Act (8 U.S.C. 1101(a)(15)(R)) shall be
exempt from the 1-year foreign residence requirement set forth in
section 214.2(r)(6) of title 8, Code of Federal Regulations.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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