S. 1298: Religious Workforce Protection Act

This bill allows the Department of Homeland Security (DHS) to extend the nonimmigrant visa status of certain religious workers.

Under current law, if specified conditions are met, nonimmigrant religious workers may receive a visa for a period not to exceed five years. The bill allows DHS to grant an extension until the individual’s application for adjustment of status to permanent resident or an immigrant visa has been processed and a decision has been made. To be eligible for the extension, the individual must be (1) the beneficiary of a certain type of immigrant petition, and (2) eligible for such immigrant status absent the application of certain numerical limitations.

Such individuals who have pending adjustment of status applications are also granted certain job flexibilities, such as the ability to change employers. Individuals who have previously departed the U.S. due to the expiration of their visa are exempt from the one-year foreign residence requirement to renew their visa.

Written by the Congressional Research Service, Library of Congress.