[Federal Register Volume 59, Number 101 (Thursday, May 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12849]


[[Page Unknown]]

[Federal Register: May 26, 1994]


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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]
BILLING CODE 4410-10-M