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1 (September 30, 2003)

handle is hein.crs/crsaihq0001 and id is 1 raw text is: Order Code RS21630
September 30, 2003

Immigration of Religious Workers:
Background and Legislation
Ruth Ellen Wasem
Specialist in Social Legislation
Domestic Social Policy Division

Summary

A provision in immigration law that allows for the admission of immigrants to
perform religious work is scheduled to sunset on September 30, 2003. Although the
provision has a broad base of support, some have expressed concern that the provision
is vulnerable to fraud. The foreign religious worker must be a member of a religious
denomination that has a bonafide nonprofit, religious organization in the United States,
and must have been in the religious vocation, professional work, or other religious work
continuously for at least 2 years. Bills (H.R. 2152/S. 1580) to extend the religious
worker provision through September 30, 2008, have been introduced in both chambers.
The House passed H.R. 2152 on September 17, 2003. This report will be updated as
legislative activity warrants.
Introduction
Permanent legal immigration to the United States is regulated by a set of numerical
limits and systems of preference categories delineated in the Immigration and Nationality
Act (INA), and employment-based immigration comprises one of the major groups of the
preference category systems.1 Aliens who come to the United States through the
permanent legal immigration categories are commonly known as legal permanent
residents (LPRs). The fourth category of the employment-based preference system is
known as special immigrants, and the largest number of special immigrants are
ministers of religion and religious workers.2 Religious workers are treated separately
from ministers of religion and are limited to 5,000 immigrants annually. Accompanying
1 The largest preference grouping is family-based immigration. Other groupings include diversity
and humanitarian admissions. For more information, see CRS Report RS20916, Immigration and
Naturalization Fundamentals, by Ruth Ellen Wasem.
2 Other special immigrants include certain employees of the U.S. government abroad, Panama
Canal employees, retired employees of international organizations, certain aliens who served in
the U.S. armed forces, and certain aliens declared a ward of a juvenile court. INA §101(a)(27).

Congressional Research Service + The Library of Congress

CRS Report for Congress
Received through the CRS Web

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