119 S1298 IS: Religious Workforce Protection Act U.S. Senate 2025-04-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 119th CONGRESS1st Session S. 1298 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.

1.

Short title

This Act may be cited as the Religious Workforce Protection Act.

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.

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)).

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.