Posted On: September 23, 2008 by James M. Tyler

Non-Minister Special Immigrant Religious Worker Program Expiring October 1, 2008 Unless the Senate Acts

The USCIS issued a reminder that unless the U.S. Senate acts soon, then authorization for the non-minister special immigrant religious worker program will expire on Oct. 1, 2008. Anyone wishing to apply to serve in the two non-minister categories of the program must either adjust status to permanent residence or apply for, and be admitted with, an immigrant visa before Oct. 1, 2008. The expiration date also applies to the accompanying spouses and children of these workers

The two expiring categories are special immigrant religious workers in professional or non-professional capacities within a religious vocation or occupation. The expiration date does not apply to special immigrant religious workers entering the United States solely to carry on the vocation of a minister of a religious denomination.

The U.S. House of Representatives passed legislation on April 14, 2008, extending the expiration date and the Senate is currently considering similar legislation but has not yet passed it. The USCIS announced that if Congress does not extend the expiration date, it will, beginning October 1, 2008, hold any pending Form I-360 and Form I-485 affected by the expiration date in abeyance until further notice. However, unless Congress extends the expiration date, USCIS will begin rejecting Form I-360 petitions and Form I-485 applications filed on or after Oct. 1, 2008, which are based on the expired provisions.