[Federal Register Volume 63, Number 19 (Thursday, January 29, 1998)]
[Rules and Regulations]
[Page 4394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1779]


-----------------------------------------------------------------------

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 42

[Public Notice 2715]


Visas: Immigrant Religious Workers

AGENCY: Bureau of Consular Affairs, DOS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Immigration Act of 1990 created a new special immigrant 
visa classification for religious workers who have 2 years of 
membership in a religious denomination; two years of experience in a 
religious occupation or vocation and who intend to continue to work in 
such occupation or vocation. The legislation, as originally enacted, 
required religious workers (other than ministers) to seek entry into 
the United States before October 1, 1994.
    On October 25, 1994 in the Immigration and Nationality Technical 
Corrections Act of 1994 the deadline was extended to allow religious 
workers to enter the United States ``before October 1, 1997''.
    The Religious Workers Act of 1997 enacted on October 6, 1997 
further extended the deadline to ``before October 1, 2000''. Thus, this 
final rule amends the previously published regulation and extends the 
allowable validity date of immigration visas for aliens seeking to 
enter the United States as special immigrant religious workers to not 
later than September 30, 2000.

EFFECTIVE DATE: January 29, 1998.

FOR FURTHER INFORMATION CONTACT:
Pam Chavez, Legislation and Regulations Division, Visa Services, (202) 
663-1206.

SUPPLEMENTARY INFORMATION: 

Immigration Act of 1990

    Section 151 of the Immigration Act of 1990 (IMMACT 90), Public Law 
101-649, amended INA 101(a)(27)(C) by adding a new category of special 
immigrant visas for aliens who will work in a religious occupation or 
vocation for a religious organization in a professional or other 
capacity. Unlike the provision for special immigrant ministers of 
religion, which does not contain a sunset provision, the provisions for 
religious workers (as defined under INA 101(a)(27)(C)(ii)(II) and 
(III)), as originally enacted, required religious workers to seek to 
enter the United States before October 1, 1994.

Immigration and Nationality Technical Corrections Act of 1994

    On October 25, 1994, sec. 214 of the Immigration and Nationality 
Technical Corrections Act of 1994 (Pub. L. 103-416) amended INA 
101(a)(27)(C)(ii) to extend the sunset date to before October 1, 1997.

Religious Workers Act of 1997

    Sec. 1 of the Religious Workers Act of 1997, Public Law 105-54, 
enacted October 6, 1997 further extended the deadline for special 
immigrant religious workers to enter the United States until before 
October 1, 2000. This final rule implements this section by revising 
42.32(d)(1)(ii) to extend the visa validity date to not later than 
September 30, 2000.

Final Rule

    This rule is not expected to have a significant impact on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act. This rule imposes no reporting or 
recordkeeping action from the public requiring the approval of the 
Office of Management and Budget under the Paperwork Reduction Act 
requirements. This rule has been reviewed as required by E.O. 12778 and 
certified to be in compliance therewith. This rule is exempted from 
E.O. 12866 but has been coordinated with INS and reviewed to ensure 
consistency therewith.

List of Subjects in 22 CFR Part 42

    Aliens, Immigration, Passports and visas.

    In view of the foregoing 22 CFR Chapter I is amended as follows:

PART 42--[AMENDED]

    1. The authority citation for Part 42 is revised to read:

    Authority: 8 U.S.C. 1104.

    2. Section 42.32 is amended by revising paragraph (d)(1)(ii) to 
read as follows:


Sec. 42.32  Employment based preference immigrants.

* * * * *
    (d) Fourth preference--Special immigrants--(1) Religious workers. * 
* *
    (ii) Timeliness of application. An immigrant visa issued under INA 
203(b)(4) to an alien described in INA 101(a)(27)(C), other than a 
minister of religion, who qualifies as a ``religious worker'' as 
defined in 8 CFR 204.5 shall bear the usual validity except that in no 
case shall it be valid later than September 30, 2000.
* * * * *
    Dated: January 12, 1998.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 98-1779 Filed 1-28-98; 8:45 am]
BILLING CODE 4710-06-M