108TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 1st Session 108–271

TO AMEND THE IMMIGRATION AND NATIONALITY ACT TO 

EXTEND FOR AN ADDITIONAL 5 YEARS THE SPECIAL IMMIGRANT RELIGIOUS WORKER PROGRAM

SEPTEMBER 16, 2003.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 2152] 

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 2152) to amend the Immigration and Nationality Act to extend for an additional 5 years the special immigrant religious 

worker program, having considered the same, reports favorably 

thereon without amendment and recommends that the bill do pass.

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1

Background and Need for the Legislation ............................................................. 2

Hearings ................................................................................................................... 3

Committee Consideration ........................................................................................ 3

Vote of the Committee ............................................................................................. 3

Committee Oversight Findings ............................................................................... 3

New Budget Authority and Tax Expenditures ...................................................... 4

Congressional Budget Office Cost Estimate .......................................................... 4

Performance Goals and Objectives ......................................................................... 5

Constitutional Authority Statement ...................................................................... 5

Section-by-Section Analysis and Discussion .......................................................... 5

Changes in Existing Law Made by the Bill, as Reported ..................................... 5

Markup Transcript .................................................................................................. 6

PURPOSE AND SUMMARY

H.R. 2152 extends the authorization for the special immigrant 

religious worker visa until October 1, 2008. 

2

1 8 C.F.R. sec. 204.5(m)(2).

2 Id. 

3Section 203(b)(4) of the Immigration and Nationality Act. 

4See Pub. L. No. 106–409. 

BACKGROUND AND NEED FOR THE LEGISLATION

I. IMMIGRANT RELIGIOUS WORKER VISAS

‘‘Special immigrant’’ visas are available for a number of different 

categories of aliens. One such category is for religious workers. An 

alien (along with spouse and children) can qualify for a special immigrant visa if the alien has been a member, for the immediately 

preceding 2 years, of a religious denomination having a bona fide 

nonprofit, religious organization in the United States, seeks to 

enter the United States to—

• serve as a minister,

• serve in a professional capacity in a religious vocation or occupation at the request of the organization, or

• serve in a religious vocation or occupation at the request of 

the organization,

and has been carrying out such work continuously for at least the 

prior 2 years. 

INS regulations define ‘‘religious occupation’’ as meaning——

an activity which relates to a traditional religious function. Examples of individuals in religious occupations include, but are 

not limited to, liturgical workers, religious instructors, religious counselors, cantors, catechists, workers in religious hospitals or religious health care facilities, missionaries, religious 

translators, or religious broadcasters. This group does not include janitors, maintenance workers, clerks, fund raisers, or 

persons solely involved in the solicitation of donations. 1

INS regulations define ‘‘religious vocation’’ as meaning ‘‘a calling 

to religious life evidenced by the demonstration of commitment 

practiced in the religious denomination, such as the taking of vows. 

Examples of individuals with a religious vocation include, but are 

not limited to, nuns, monks, and religious brothers and sisters.’’ 2

The two non-minister categories (professional religious occupation/vocation; religious occupation/vocation) were created by the Immigration Act of 1990. Because of the fear of fraudulent or excessive use of these categories, a maximum of 5,000 visas a year was 

allowed for the two categories. 3 In addition, the categories were set 

to sunset in 1994. In 1994, the categories were extended to October 

1, 1997. In 1997, the categories were extended to October 1, 2000. 

In 2000, the categories were extended to October 1, 2003. 4

In fiscal year 2002, 1,413 religious workers became permanent 

residents through the special immigrant category (as did 1,714 

spouses and children). 

II. H.R. 2152

H.R. 2152 would extend the special immigrant visas for religious 

workers (other than ministers) until October 1, 2008. 

3

5See letter from Agudath Israel of America, the Baptist Joint Committee, Bruderhof Communities, the Catholic Legal Immigration Network, the Conference of Major Superiors of Men, the 

First Church of Christ, Scientist (Boston), the General Council of Seventh Day Adventists, the 

Hebrew Immigrant Aid Society, the Lutheran Immigration and Refugee Service, and the United 

States Conference of Catholic Bishops to F. James Sensenbrenner, Jr. (April 11, 2003). 

The Committee has received a letter from many major religious 

denominations supporting an extension of these visas. 5

The letter provided a number of examples of how religious denominations rely on the religious worker visas. For example, 

‘‘Catholic dioceses rely heavily upon religious sisters, brothers, and 

lay missionaries from abroad, who are sponsored and qualify for 

these permanent residency visas. Some fill a growing need in the 

Catholic Church for those called to religious vocations. Others provide critical services to local communities in areas including religious education, and care for vulnerable populations such as elderly, immigrants, refugees, abused and neglected children, adolescents and families at risk.’’ In addition, ‘‘Jewish congregations, particularly in remote areas 

with small Jewish communities, rely on rabbis, cantors, kosher 

butchers, Hebrew school teachers, and other religious workers who 

come from abroad through the religious worker program. Without 

them, many Jewish communities would be unable to sustain the institutions and practices that are essential to Jewish religious and 

communal life.’’ And, ‘‘[o]ther religious denominations, such as the Baptist 

Church, the Church of Christ Scientist, the Church of Jesus Christ 

of Latter Day Saints, the Lutheran Church, and the Seventh Day 

Adventist Church, also rely on the visas to bring in non-minister 

religious workers, who, in addition to providing some of the same 

services mentioned above, also work in areas as diverse as teaching 

in church schools, producing religious publications, sustaining prison ministries, training health care professionals to provide religiously appropriate health care, and performing other work related 

to a traditional religious function.’’

HEARINGS

No hearings were held on H.R. 2152. 

COMMITTEE CONSIDERATION

On July 15, 2003, the Subcommittee on Immigration, Border Security, and Claims met in open session and ordered favorably reported the bill H.R. 2152, by a voice vote, a quorum being present. 

On September 10, 2003, the Committee met in open session and ordered favorably reported the bill H.R. 2152 without amendment by 

voice vote, a quorum being present. 

VOTE OF THE COMMITTEE

In compliance with clause 3(b) of rule XIII of the House of Representatives, the Comittee notes that there were no recorded votes 

during its consideration of H.R. 2152. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

4

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of Rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of Rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 2152, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, September 15, 2003. 

Hon. F. JAMES SENSENBRENNER, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2152, a bill to amend the 

Immigration and Nationality Act to extend for an additional 5 

years the special immigrant religious worker program. 

If you wish further details on this estimate, we will be pleased 

to provide them. The principal CBO staff contact for this estimate 

is Mark Grabowicz, who can be reached at 226–2860. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN.

Enclosure

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 2152—A bill to amend the Immigration and Nationality Act 

to extend for an additional 5 years the special immigrant religious worker program. 

H.R. 2152 would affect Federal collections and spending related 

to visas and services for certain immigrants, with effects on both 

direct spending and revenues. CBO estimates that the net effect on 

direct spending would not be significant in any year, and that revenues would increase by about $2 million a year. H.R. 2152 contains 

no intergovernmental or private-sector mandates as defined in the 

Unfunded Mandates Reform Act and would impose no significant 

costs on State, local, or tribal governments. 

H.R. 2152 would extend, through October 1, 2008, the authorization for special immigrant visas for persons who work in certain religious vocations. Under current law, such workers and their families are eligible for special immigrant visas if they apply by October 

1, 2003. No more than 5,000 of these visas may be granted in each 

fiscal year. 

5

Because the Bureau of Citizenship and Immigration Services (BCIS) would charge a fee of $130 for each person that applies for 

the special immigrant visa, we estimate that the BCIS would collect no more than $650,000 annually in additional fees, which are 

recorded as offsets against the agency’s spending. The agency is authorized to spend such fees without further appropriation, and we 

expect that most of the money would be spent in the year in which 

it is collected. Thus, the net impact on BCIS spending would be 

negligible. 

Increasing the number of visas issued also would increase the 

amount of fees collected by the Department of State. Under current 

law, a fee of $335 per person is charged by the department and deposited in the Treasury as revenue. CBO estimates that, under the 

bill, the Treasury would collect about $2 million a year from such 

fees. In addition, depending on the type of petition, the department 

may charge additional fees for fingerprinting or affidavits of support. Those fees are classified as offsetting collections and are retained by the department to pay for its consular programs. CBO estimates the net budgetary effect of increases in those fees would be 

less than $500,000 a year. 

Finally, some of the additional immigrants could become eligible 

for certain Federal benefits, but CBO expects that any increase in 

direct spending for benefit programs would not be significant. 

The CBO staff contacts for this estimate are Mark Grabowicz (for 

BCIS costs), who can be reached at 226–2860, and Sunita D’Monte 

(for State Department costs), who can be reached at 226–2840. This 

estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

H.R. 2152 does not authorize funding. Therefore, clause 3(c)(4) of 

Rule XIII of the Rules of the House of Representatives is inapplicable. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article I, section 8 of the Constitution. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

Section 1. Extension of Special Immigrant Religious Worker Program. 

Section 1(a) of the bill amends section 101(a)(27)(C)(ii) of the Immigration and Nationality Act to extend the authorization until October 1, 2008, for special immigrant visas for aliens who will work 

for religious organizations in religious vocations or occupations. 

Section 1(b) specifies that the changes to law made by the bill 

shall take effect on October 1, 2003. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of Rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitVerDate jul 14 2003 22:02 Sep 16, 2003 Jkt 019006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6601 E:\HR\OC\HR271.XXX HR271
6

ted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman):

SECTION 101 OF THE IMMIGRATION AND

NATIONALITY ACT 

DEFINITIONS

SECTION 101. (a) As used in this Act—

(1) * * *

* * * * * * *

(27) The term ‘‘special immigrant’’ means—

(A) * * *

* * * * * * *

(C) an immigrant, and the immigrant’s spouse and children if accompanying or following to join the immigrant, who—

(i) * * *

(ii) seeks to enter the United States—

(I) solely for the purpose of carrying on the vocation of a minister of that religious denomination, 

(II) before October 1, ø2003,¿ 2008, in order to 

work for the organization at the request of the organization in a professional capacity in a religious vocation 

or occupation, or 

(III) before October 1, ø2003,¿ 2008, in order to 

work for the organization (or for a bona fide organization which is affiliated with the religious denomination and is exempt from taxation as an organization 

described in section 501(c)(3) of the Internal Revenue 

Code of 1986) at the request of the organization in a 

religious vocation or occupation; and 

* * * * * * *

MARKUP TRANSCRIPT

BUSINESS MEETING 

WEDNESDAY, SEPTEMBER 10, 2003

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON THE JUDICIARY, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:07 a.m., in Room 

2141, Rayburn House Office Building, Hon. F. James Sensenbrenner, Jr. [Chairman of the Committee] presiding. 

[Intervening business.] 

Chairman SENSENBRENNER. The next item on the agenda is the 

adoption of H.R. 2152 to amend the Immigration and Nationality 

Act to extend for an additional 5 years the Special Immigrant Religious Worker Program. 

[The bill, H.R. 2152, follows:]

7


I2152A.eps
8


I2152B.eps
9

Chairman SENSENBRENNER. The chair recognizes the gentleman 

from Indiana, Mr. Hostettler, the Chairman of the Subcommittee 

on Immigration, Border Security, and Claims. 

Mr. HOSTETTLER. Thank you, Mr. Chairman. 

The Religious Worker, Immigrant and Visa—— Chairman SENSENBRENNER. Does the gentleman have a motion 

first? 

Mr. HOSTETTLER. Yes. Mr. Chairman, the Subcommittee on Immigration, Border Security, and Claims reports favorably the bill 

H.R. 2152 and moves its favorable recommendation to the full 

House. 

Chairman SENSENBRENNER. Without objection, the bill will be 

considered as read and open for amendment at any point. 

The chair recognizes the gentleman from Indiana, Mr. Hostettler, 

to strike the last word. 

Mr. HOSTETTLER. Thank you, once again, Mr. Chairman. 

The Religious Worker Immigrant Visa program allows American 

religious denominations, large and small, to benefit from committed religious workers from overseas. The visa program for nonminister religious workers expires at the end of this fiscal year and 

needs to be reauthorized. 

An alien, along with spouse and children, can qualify for a special immigrant visa if the alien has been a member, for the immediately preceding 2 years, of a religious denomination having a 

bona fide, nonprofit religious organization in the United States, 

seeks to enter the United States to serve as a minister, serve in 

a professional capacity in religious vocation or occupation at the request of the organization, or serve in a religious vocation or occupation at the request of the organization, and has been carrying out 

such work continuously for at least the prior 2 years. 

The two nonminister religious worker categories were added by 

the 1990 immigration bill. Because of the fear of fraudulent or excessive use of these categories, a maximum of 5,000 visas a year 

was allowed for the two categories. In fiscal year 2001, 1,546 religious workers, along with 1,782 spouses and children, received 

these visas. 

The nonminister categories were originally set to sunset in 1994. 

After two extensions, the categories now expire on October 1. H.R. 

2152, introduced by Representative Barney Frank, would extend 

the special immigrant visas for religious workers until October 1, 

2008. 

The Committee has received a letter, signed by organizations 

representing many religious denominations, supporting an extension of these visas. The letter provided a number of examples of 

how religious denominations rely on the religious worker visas. 

For example, ‘‘Catholic dioceses rely heavily upon religious sisters, brothers and lay missionaries from abroad. Some fill a growing need in the Catholic Church for those called to religious vocations. Others provide critical services to local communities in areas 

including religious education and care for vulnerable populations, 

such as the elderly, immigrants, refugees, abused and neglected 

children, adolescents and families at risk.’’

In addition, ‘‘Jewish congregations, particularly in remote areas, 

with small Jewish communities, rely on rabbis, cantors, kosher 

butchers, Hebrew school teachers and other religious workers who 

10

come from abroad through the religious worker program. Without 

them, many Jewish communities would be unable to sustain the institutions and practices that are essential to Jewish religious and 

communal life.’’ And, ‘‘other religious denominations, such as the Baptist Church, 

the Church of Christ Scientists, the Church of Jesus Christ of Latter Day Saints, the Lutheran Church, and the Seventh Day Adventist Church, also rely on the visas to bring in nonminister religious workers who work in areas as diverse as teaching in church 

schools, producing religious publications, sustaining prison ministries, training health care professionals to provide religiously appropriate health care, and performing other work related to a traditional religious function.’’ These visas serve a valuable role and contribute to America’s vibrant religious life. I urge my colleagues to support this legislation 

and yield back the balance of my time. 

Chairman SENSENBRENNER. The gentlewoman from Texas, Ms. 

Jackson Lee, Ranking Member? 

Ms. JACKSON LEE. Thank you very much, Mr. Chairman. I would 

like to join the Chairman of the Committee to ask my colleagues 

to support this legislation that seeks to extend the provisions to 

allow for Special Immigrant Religious Workers program, to extend 

it for an additional 5 years. 

Let me congratulate Mr. Frank for his initiative on this legislation and to say that we have found ourselves in a different climate 

post-9/11, but I have maintained the premise that immigration 

does not equate to terrorism. This is a very singular and important 

part of our immigration laws that seeks to help people. 

The special immigrant classification of the Immigration and National Act allows religious organizations to sponsor both ministers 

and nonminister religious workers from abroad to perform service 

in the United States. The nonminister religious workers’ category 

includes a variety of occupations, such as nuns, religious brothers, 

cantors, postoral service workers, missionaries and religious broadcasters. 

We are considering this legislation today which would amend the 

Immigration and Nationality Act to extend it for 5 years because 

it is about to expire on October 1, 2003. This bill, which I co-sponsor and support, would extend it, as I have indicated. 

Religious workers provide a very important spiritual function in 

the American communities in which they work and live. And in addition to performing activities in furtherance of a vocation or religious occupation, often possessing characteristics unique from those 

found general labor market. 

Historically, religious workers have staffed hospitals, orphanages, senior care homes, and other charitable institutions that provide benefits to society without public funding. They also are very 

helpful, if you will, with respect to new refugees, by knowing their 

cultures and their language. And so they can be comforting, as well 

as helping to explain the new society that these refugees will come 

into because religious workers may have had the experience of living in the United States. 

According to the Department of Homeland Security, the term ‘‘religious worker’’ does not include janitors, maintenance workers, 

clerks, fundraisers, solicitors of donations or similar occupations. 

11

The activity of a layperson who will be engaged in a religious occupation must relate to a traditional religious function. Thereby, we 

are protected that this particular provision will not be subject to 

abuse. The activity must embody the tenets of the religion and 

have religious significance related primarily, if not exclusively, to 

the matters of the spirit as they apply to the religion. 

Prior to the enactment of the Immigration Act of 1990, nonprofit 

religious organizations that requested the services of foreign-born, 

nonminister religious workers were forced to fit their needs into 

the business, student or missionary visas. 

This was problematic for religious organizations as the established visa categories were created primarily for the needs of profitmaking businesses. As a result, religious organizations were frequently unable to sponsor foreign, nonminister religious workers. 

We clearly can say that this will go to the spirit and not to the 

profit. 

The Catholic Church in the United States has needed this program to respond to the increasing diversity of its membership, 

which includes parishioners from countries throughout the world. 

Religious workers from abroad assist the church here in a variety 

of ways. They come as religious brothers, counseling members of 

the ethnic communities, religious sisters, providing social services, 

care to the poor and ill, and laypersons assisting with religious 

education. While supporting her church in her spiritual mission, 

these workers also mend the spirit of those in need in our local 

communities by working in schools, hospitals, homes for the aged 

and homeless shelters. 

I acknowledge that fraud is a concern with this program, but as 

I said earlier, I believe that this is narrowly drawn to protect us 

from abuse and from fraud. It reinforces the fact that we are a Nation of laws, and it also reinforces the fact that we do not cast a 

broad net that immigration and terrorism are equal. 

This, again, reinforces the values of this Nation, and I ask my 

colleagues to support this legislation. 

I yield back. 

Chairman SENSENBRENNER. Without objection, all Members’

opening statements will appear in the record, at this point. 

[The prepared statement of Ms. Jackson Lee follows:]

PREPARED STATEMENT OF THE HONORABLE SHEILA JACKSON LEE, A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF TEXAS

Mr. Chairman and Ranking Member, thank you for having convened this markup 

session as to H.R. 2152 To Amend the Immigration and Nationality Act to Extend 

for an Additional 5 Years the Special Immigrant Religious Worker Program. As the 

Ranking Member of this Committee’s Subcommittee on Immigration and Claims, 

this bill has much relevance to my ongoing immigration initiatives on a national 

and constituent-based scale. 

The special immigrant classification of the Immigration and Nationality Act allows religious organizations to sponsor both ministers and non-minister religious 

workers from abroad to perform service in the United States. The non-minister religious workers category includes a variety of occupations, such as nuns, religious 

brothers, catechists, cantors, pastoral service workers missionaries, and religious 

broadcasters. 

We are considering legislation today which would amend the Immigration and 

Nationality Act to extend the Special Immigrant provisions which otherwise are set 

to expire on October 1, 2003. This bill, H.R. 2152, which I cosponsor and support, 

would extend the special immigrant religious worker program for an additional 5 

years. 

12

Religious workers provide a very important spiritual function in the American 

communities in which they work and live, in addition to performing activities in furtherance of a vocation or religious occupation often possessing characteristics unique 

from those found in the general labor market. Historically, religious workers have 

staffed hospitals, orphanages, senior care homes and other charitable institutions 

that provide benefits to society without public funding. 

According to the Department of Homeland Security, the term ‘‘religious worker’’

does not include janitors, maintenance workers, clerks, fund raisers, solicitors of donations, or similar occupations. The activity of a lay-person who will be engaged in 

a religious occupation must relate to a traditional religious function. The activity 

must embody the tenets of the religion and have religious significance, relating primarily, if not exclusively, to matters of the spirit as they apply to the religion. 

Prior to the enactment of the Immigration Act of 1990, non-profit religious organizations that requested the services of foreign-born, non-minister religious workers 

were forced to fit their needs into the business, student, or missionary visa categories. This was problematic for religious organizations, as the established visa categories were created primarily for the needs of profit-making businesses. As a result, religious organizations were frequently unable to sponsor foreign non-minister 

religious workers. 

The Catholic Church in the United States has needed this program to respond to 

the increasing diversity of its membership, which includes parishioners from countries throughout the world. Religious workers from abroad assist the Church here 

in a variety of ways. They come as religious brothers counseling members of ethnic 

communities, religious sisters providing social services and care to the poor and ill, 

and lay persons assisting with religious education. While supporting the Church in 

her spiritual mission, these workers also mend the spirit of those in need in our 

local communities by working in schools, hospitals, homes for the aged, and homeless shelters. 

I acknowledge that fraud is a concern with this program. Nevertheless, restricting 

the religious worker provision is not the way to resolve this problem. The provision 

requires non-minister special immigrant religious workers to meet stringent qualifications before they enter the country. Any attempt to impose stricter criteria could 

hurt religious organizations. 

A failure to extend this program in a timely fashion would be a disservice not only 

to religious organizations but to local communities and those in distress who depend 

on the religious workers that it provides.

Chairman SENSENBRENNER. Are there amendments? 

[No response.] 

Chairman SENSENBRENNER. If there are no amendments, the 

chair notes the presence of a reporting quorum. 

The question occurs on the motion to report the bill H.R. 2152 

favorably. 

Those in favor will say aye. 

Opposed, no. 

The ayes appear to have it. The ayes have it. The motion to report favorably is agreed to. 

Without objection, the Chairman is authorized to move to go to 

conference pursuant to House rules. Without objection, the staff is 

directed to make any technical and conforming changes, and all 

Members will be given 2 days, as provided by the rules, in which 

to submit additional dissenting, supplemental or minority views.

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