New EB-4 Visa Changes Could Force Religious Workers to Leave

Immigration and religious rights rarely intersect, but there are a few exceptions. One of these exceptions became clear when a group of religious workers sued the U.S. Government due to new visa rules. These religious workers claim that the recent changes may force them to leave the country, with some sources referring to it as a “mass exodus.” What exactly is happening here? How could new visa rules threaten religious workers in the United States?

Controversy Surrounds the EB-4 Visa

The visa in question falls under the category of “EB-4,” which is geared toward religious workers. Other workers who fall into this category include broadcasters, NATO civilian employees, members of the armed forces, and some physicians. This is a “fourth preference” visa for “special immigrants,” and it is one of the least common visas in the modern world. The EB-4 visa not only allows religious workers to carry out their duties in the United States, but it also allows their spouses and children to come with them. 

So, what exactly changed with this visa? Why are religious workers in the United States so concerned? The immigration authorities have “reclassified” EB-4 visa distribution for three countries: El Salvador, Guatemala, and Honduras. This reorganization might seem minor to the casual observer, but its effects are clear: Longer wait times. Religious workers are now facing much longer processing schedules than before, and some may be forced to exit the United States, reapply for a visa, and then re-enter. 

Clergy in New Jersey argue that this change forces them to either “violate the terms of their non-immigrant visas” or leave without knowing if they’ll ever be allowed back in. Another option would be to remain in the United States illegally, although this obviously puts them at risk of deportation. 

Some religious workers have chosen a different option: Sue the U.S. government. They argue that immigration authorities failed to provide them with enough notice. They also argue that the government misinterpreted and misapplied its own federal laws. 

The United States is Increasingly Reliant on Foreign Religious Workers

Although many might not be aware of this fact, religious groups in the United States have become increasingly reliant on foreign clergy. In some areas, these foreign religious workers make up a significant percentage of the total clergy. This is especially common in the Roman Catholic community, with many clergy members arriving from South American and Southeast Asian nations. 

If these workers suddenly lose the right to live and work in the United States, countless Americans may be affected. Unlike other workers, it is very difficult to replace clergy. One cannot simply post an advertisement in the classified section of a newspaper, bringing random people off the street and turning them into priests within a matter of weeks. 

In response to the lawsuit, the State Department pointed out that “only Congress has the ability to address the imbalance between the limited supply of EB-4 visas and the increasing demand.” “We recognize the importance of religious ministers and workers as well as their U.S. employers who lead faith-based institutions, and we share your concern about the long wait times for EB-4 visas,” the statement said.

Keep Informed with the Universal Life Church

Each month, various cases test the nature of religious rights in this country. While the basis for many religious rights is the United States Constitution, there are still countless cases that question the exact nature of these rights. The Universal Life Church’s blog is focused on documenting the most noteworthy of these cases in an objective manner that can be easily understood by readers.