[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
