Section 1 Short title
This Act may be cited as the “Religious Workforce Protection Act”.
Religious Workforce Protection Act
A BILL
To authorize the continuation of lawful nonimmigrant status for certain religious workers affected by the backlog for religious worker immigrant visas.
Sec. 2 Extension of nonimmigrant status for religious workers caught in long backlogs for lawful permanent residence
In general— Section 214(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(a)(2)) is amended by adding at the end the following:
“(C) Notwithstanding section 101(a)(15)(R)(ii), an alien may apply for, and the Secretary of Homeland Security may grant, an extension of nonimmigrant status under section 101(a)(15)(R) until such alien’s application for adjustment of status or an immigrant visa has been processed and a decision has been made on such application if the alien—
“(i) is the principal or derivative beneficiary of an immigrant petition filed pursuant to section 204(a) for a preference status under section 203(b)(4); and
“(ii) is eligible to be granted such immigrant status absent the application of the numerical limitations under sections 201, 202, and 203.”
Conforming amendment— Section 101(a)(15)(R)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(R)(ii)) is amended by inserting “, except as provided in section 214(a)(2)(C),” after “5 years”.
Sec. 3 Limited job flexibility for certain religious workers with long-delayed applications for lawful permanent residence
Section 204(j) of the Immigration and Nationality Act (8 U.S.C. 1154(j)) is amended by striking “subsection (a)(1)(D)” and inserting “subsection (a)(1)(F) or subsection (a)(1)(G)(i) (with respect to special immigrants described in section 101(a)(27)(C))”.
Sec. 4 Exemption to 1-year foreign residence requirement for certain nonimmigrant religious workers
An alien described in section 214(a)(2)(C) of the Immigration and Nationality Act, as added by section 2(a), who departed from the United States due to the 5-year limitation on nonimmigrant status under section 101(a)(15)(R) of such Act (8 U.S.C. 1101(a)(15)(R)) shall be exempt from the 1-year foreign residence requirement set forth in section 214.2(r)(6) of title 8, Code of Federal Regulations.