November 16, 2007

Regulatory Management Division

U.S. Citizenship and Immigration Services

Department of Homeland Security

111 Massachusetts Avenue, NW

3^rd^ Floor

Washington, DC 20582

**RE: DHS Docket No. USCIS-2005-0030**

**Special Immigration and Nonimmigrant Religious Workers**

Dear Sir or Madam,

The InterFaith Conference of Metropolitan Washington (IFC) respectfully
submits the following comments to the United States Citizenship and
Immigration Services (USCIS) concerning the proposed changes to the
regulations regarding the special immigration and nonimmigrant religious
workers (R-1) visa classifications.

The IFC is a local, non-profit group which has been working since 1978
both to promote justice and deepen understanding in the national Capital
region. It was the first staffed organization in this country and
probably the world to engage the Islamic as well as Jewish, Protestant
and Roman Catholic faith communities in a metropolitan area for this
dual purpose. Its members now also include the Baha'i, Buddhist, Hindu,
Jain, Latter-day Saints, Sikh and Zoroastrian faith communities.

Our nearly 30 years of experience in working with very diverse religious
traditions leads us to fear the proposed rule will cause undue hardship
to them.

The USCIS's proposed rule cites fraud as the purpose of revising the
religious workers visa. The IFC seriously doubts that the extent of
fraud within the R-1 program is as widespread as is claimed. We have
seen first hand icons painted in an Orthodox church which could only
have been done by iconographers from Russia over several years. We have
witnessed sculptures in Hindu temples which would not exist without the
travel to the United States by Indian artisans trained since childhood
in this occupation. We have experienced the impact of missionaries from
the Church of Jesus Christ of the Latter-day Saints (LDS Church) who
have come from many different lands. *Continued...*

While the InterFaith Conference accepts that some fraud may occasionally
exist within the R-1 program, section three of the Religious Freedom
Restoration Act of 1993 (RFRA), which does apply to the Federal
Government, safeguards against any burdens on the exercise of religion
unless the proposed action "(1) is in furtherance of a compelling
governmental interest; and (2) is the least restrictive means of
furthering that compelling governmental interest." Although decreasing
fraud within the R-1 program is a compelling governmental interest,
assuming the fraud is indeed as prevalent as is asserted, this proposed
rule is not the least restrictive means of doing so.

The IFC further believes the proposed changes would put additional
stress upon religious communities. Examples of religious occupations in
the proposed rule include religious instructors, cantors, missionaries,
and ritual slaughter supervisors, all of which appear to be from the
Judeo-Christian tradition. The Hindu tradition requires vegetarian food
prepared for rituals specified in their religious tradition. They also
require *shilpis* or masons to carve sculptures in their temples. These
religious workers are trained from childhood to do this work, yet these
and many other workers necessary for the practice of Eastern religions
are not included by name in the proposed and current rules. IFC strongly
urges the USCIS to revise the definitions of religious occupation,
expanding them to include workers such as these required by America's
diverse faith communities. We would be happy to work with USCIS to
create inclusive language in this rule.

The proposed rule requires all religious workers be compensated for
their work "unless the alien has taken a vow of poverty or similarly
made a formal lifetime commitment to a religious way of life." Those in
the LDS Church strongly believe in voluntary missionary work. Young men
in their early twenties commit themselves to two years serving the LDS
Church as a missionary with no compensation. Just this week, we had a
LDS missionary from Rwanda volunteer at an IFC event. Men and women of
this tradition prepare themselves financially for this two-year
commitment beginning years before their missions and are able to support
themselves, sometimes with the help of family, friends, and, donations
from members of the LDS Church.

Under this proposed rule, LDS missionaries would no longer be able to
participate in the R-1 visa program. The exception noted in the
paragraph above applies to a distinct group of religious followers,
including Catholic, Buddhist, and possibly Hindu monastics, while
ignoring countless others who have not taken any lifetime commitments
concerning the method by which their religious work will be financed. We
strongly recommend omitting the proposed requirement that religious
workers need be compensated from the final regulation.

The USCIS acknowledges the proposed rule does entail new costs and added
burdens for religious organizations. IFC believes these additions will
create undue burdens for many of the faith communities which make the US
the most religiously diverse nation in the world. We believe this
violates the "least restrictive means" test of RFRA**.** Another example
is that the current rule allows the USCIS to consider bona-fide
organizations those organizations which are tax-exempt under the IRS
code, or those organizations which meet the requirements but have never
applied for such status. Some religious organizations are opposed to
having documented 501(c)(3) status due to their beliefs concerning the
First Amendment of the United States Constitution, the separation of
Church and State, and their own religious beliefs. While some
communities may be adversely affected by this requirement due to their
beliefs, others may experience an additional financial strain. They may
also feel this burden when they apply to the IRS for 501(c)(3) status at
a time when the IRS is struggling to process the backlog of applications
it already has. For these reasons, IFC believes this proposed change
adds undue burden upon religious organizations. We do not believe it
will ensure the integrity of the R-1 program by decreasing fraud. We
propose that if this policy is adopted there be exemptions for
organizations who feel it interferes with the free exercise of their
religion given by the First Amendment of the Constitution. Also, we
recommend there be a two year period after the requirement is finalized
before it goes into effect, giving organizations ample time to apply for
501(c)(3) status, and the IRS to make a determination on their status.

The current regulation gives nonimmigrant religious workers a three year
visa with the opportunity to extend the time of stay once for a period
of two years. The proposed change would give workers an initial stay of
one year with two opportunities to extend their stay for two years. The
proposed rule would adversely affect faith communities and religious
workers by forcing them to spend additional time and resources applying
for extended visas shortly after religious workers have started their
first year here. It would also contribute to the backlog of applicants
already waiting to be processed at the USCIS. Because of these reasons,
IFC strongly recommends continuation of the current policy concerning
the period of stay.

IFC thanks you for reopening the comment period, and allowing us the
opportunity to comment. The IFC and leaders of our member faith
communities are available to work with the USCIS to ensure the wording
of any rule is inclusive of all the world religions and allows the free
practice of each.

Sincerely,

![](media/image1.png){width="1.53125in" height="0.3020833333333333in"}

Rev. Clark Lobenstine

Executive Director