Roman Catholic priests are declining in number in the United States. This is based on the study that was conducted in 2013 by the Center for Applied Research in the Apostolate at Georgetown University. Filipino immigrant priests are commonly assigned to preach in various U.S. churches especially in cities where there are predominantly Filipino parishioners. Most of these priests obtained either the R visa or the special immigrant visa as religious workers. While most religious workers visa are approved, there are also applications that are unfortunately denied. What typical case would result in the denial of a religious worker visa?
Dave was a holder of a student visa (F1) visa when he was offered a job as a minister for a local church. He used his optional practical training’s employment authorization to work for this church. After six months of working, the church filed a special immigrant visa or green card for him. The visa was denied and he was told that after a site visit investigation it was discovered that the church was not paying Dave and that he was not working full time for his petitioning church.
The regulations relating to religious worker visas are clear. The applicant must be compensated both for the two years prior experience and for work with the petitioner. Both can be satisfied by salaried compensation or non-salaried compensation.
Guarding Against Fraud
The U.S. Citizenship and Immigration Service’s Office of Fraud Detection and National Security (FDNS) previously made a study and concluded that there is pervasive fraud (33%) in the religious worker visa program. Under amended regulations the FDNS conducts mandatory investigations of religious workers petitions. Fraud investigators are expected to visit employer/church locations to verify evidence submitted with petitions. Site visits may include a tour of the facility, a review of employer records, and interviews with relevant personnel at the facility.
Note that there are religious workers visas that were previously issued may still be revoked because of finding of fraud after investigation.
Site investigation of the petitioning church or organization has been a mandatory requirement for every religious immigrant visa case whether fraud is suspected or not. In the case of Dave, his two years of membership and experience with the church was not proven because he was a student prior to working for this church. The regulations require that his two-year work experience must be paid. He also was not working full time contrary to his attestations on his petition. Hence, his religious worker visa was denied.
Temporary and Permanent Visas
The “R” visa is the temporary religious worker visa designed for ministers and those working in religious occupations or vocations. The initial admission period is 30 months with extensions available in 30-month increments for up to five (5) years. Part time employment is permissible provided it is an average of at least 20 hours a week.
Direct applications for R1 visas at the US Embassy in Manila are no longer accepted unlike in the past. All R1 visas begin with the filing of the Form I-129 and the R1 Supplement with the fee with the California Service Center.
To qualify for the R visa, the applicant must have been, for the two years immediately preceding the application, a member of a religious denomination having a bona fide nonprofit, religious organization in the United States.
The religious worker must be coming to work in one of three capacities: (1) as a minister of that religious denomination, or for the organization or tax-exempt affiliate, in a religious vocation or occupation, in either (2) a professional capacity or (3) a nonprofessional capacity.
The permanent visa for religious worker falls under the employment based fourth preference or the special immigrant worker category. Unlike the nonimmigrant “R” visa, the special immigrant worker must also demonstrate that they have carried on their vocation (as minister), or vocation or occupation as a professional or nonprofessional continuously for a period of at least two years immediately before seeking admission as an immigrant. These two years of qualifying experience must have occurred after age 14 and if in the United States, must have been authorized by the government.
Success Priest Stories
Many priests and other faith leaders are beneficiaries of religious workers visas. For us Filipinos in the United States, religion plays an important role in our everyday lives as immigrants. In many distinct ways, the priests, religious ministers and leaders have the capacity to strengthen not only the immigrant as an individual but the Filipino community in general by empowering us through prayers or regular religious activities. A classic example is Monsignor Fred Al. Bitanga who is a well known Catholic priest (now retired) in the San Francisco bay area. Without intending to do so, as the former parish priest, for 45 years, he successfully ministered to thousands of Filipino families. He was able to turn St. Patrick’s Church from a predominant Irish parishioner to majority Filipino churchgoers. By following the rules on applying for R visa and the special immigrant visa, hopefully, there will be more Filipino immigrant priests, pastors, ministers and religious leaders to cater to the increasing Filipino immigrant population.
(Atty. Lourdes Tancinco may be reached at law@tancinco.com or at (02) 721 1963 or visit her website at tancinco.weareph.com/old)
