Religious Workforce Protection Act

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]
[S. 1298 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 1298

To authorize the continuation of lawful nonimmigrant status for certain 
    religious workers affected by the backlog for religious worker 
                            immigrant visas.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 3, 2025

  Mr. Kaine (for himself, Ms. Collins, and Mr. Risch) introduced the 
 following bill; which was read twice and 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.
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