H.R. 2672 — Religious Workforce Protection Act

This section authorizes the Secretary of Homeland Security to extend religious worker (R) nonimmigrant status beyond the five-year limit (under INA §101(a)(15)(R)(ii)) until adjudication of an adjustment of status application or immigrant visa for the principal or derivative beneficiary of an approved immigrant petition under INA §203(b)(4) (i.e., EB-4 special immigrant status for religious workers) who is otherwise eligible absent numerical limits under INA §§201-203. (Thus, it allows certain religious workers in long visa backlogs to maintain lawful nonimmigrant status during processing delays.)

This section revises the employment portability provision under INA §204(j) to apply to nonimmigrants described in §1154(a)(1)(F) or (a)(1)(G)(i) who are special immigrants described in INA §101(a)(27)(C) (from subsection (a)(1)(D)). (As background, INA §204(j) allows eligible nonimmigrants—typically R-1 religious workers—with approved immigrant petitions and adjustment-of-status applications pending at least 180 days to change to a new employer or job in a similar religious occupation without invalidating the petition.)

This section exempts certain nonimmigrant religious workers described in new INA §214(a)(2)(C)—who depart the United States upon reaching the five-year aggregate limit on R nonimmigrant status (8 U.S.C. 1101(a)(15)(R))—from the one-year foreign residence requirement in 8 C.F.R. 214.2(r)(6). (As background, R status authorizes aliens to work temporarily as ministers or in other religious vocations or occupations; the regulation generally requires one year abroad after the five-year maximum before a new R petition may be approved.)