STATEMENT OF
CONGRESSWOMAN SHEILA JACKSON LEE
OVERSIGHT HEARING ON RELIGIOUS WORKERS VISA PROGRAM
JUNE 29, 2000
Thank-you Mr. Chairman for calling this important hearing on a program that is needed in this country. The Non-Minister Religious Worker Visa Program, originally enacted as part of the Immigration and Nationality Act of 1990, allows religious organizations to sponsor non-minister religious workers from abroad to perform service in the United States. Examples of non-minister religious workers include but are not limited to: nuns, religious brothers, catechists, cantors, pastoral service workers missionaries, and religious broadcasters. Such individuals make important contributions to the United States by: caring for the sick and aged, providing shelter and nutrition to the most needy, supporting families in crisis, and working with religious leaders.
The program is composed of two parts. Part one, the Special Immigrant provision, provides for up to 5,000 Special Immigrant visas per year. Once granted, this type of visa allows religious workers to permanently immigrate to the United States. Under current law, this part of the program will expire on September 30, 2000.
Part two of the program, the Non-immigrant Provision, provides religious denominations and organizations with the ability to apply for temporary visas, also referred to as "R" visas, for foreign religious workers. These non-immigrant religious workers perform religious service in the United States for no more than five years. Unlike the Special Immigrant provision, the non-immigrant provision is permanent law and has no expiration date.
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.
By enacting the Non-immigrant Religious Worker Visa Program, Congress remedied the categorical visa problem and addressed the critical need for foreign non-minister religious workers to perform services in the U.S. Moreover, by including the Special Immigrant Religious Worker Visa Program as part of the larger act, Congress recognized the fact that some religious workers enter the United States for the sake of making long term contributions to American society.
Congress is currently considering legislation that would amend the Immigration and Nationality Act to extend the Special Immigrant provision of the Non-Minister Religious Worker Visa program, which is otherwise set to expire on September 30, 2000.
This bill, H.R. 4068, the Religious Workers Act of 2000 (the "Religious Workers Act"), introduced by Rep. Edward Pease, would amend the Immigration and Nationality Act of 1990 by extending the special immigrant religious worker program for an additional 3 years. In other words, H.R. 4068 would extend the current admissions policy for special immigrant religious workers through FY 2003.
I am a co-sponsor and support H.R. 1871, the Mother Teresa Religious Worker Act of 1999 (the "Mother Teresa Act"),
sponsored by Congresswoman Zoe Lofgren and co-sponsored by a bipartisan list of 42 Members of Congress. This bill would amend the Immigration and Nationality Act of 1990 to provide permanent authority for U.S. special immigrant entry by certain religious workers.
Since its enactment, the Special Immigrant Non-Minister Religious Worker Visa Program has been extended for two consecutive periods of three years, first in 1994 and second in 1997.
Temporary extensions of the provision have had unfavorable consequences. In the past, as expiration dates have drawn near, the Department of State and INS have slowed down and even suspended processing applications because of uncertainty regarding whether or not the provision will continue. Consequently, religious organizations have had to endure anxiety and face disruptions in their programming. Moreover, local communities have had to worry about losing vital services that religious organizations provide for them. Congress can alleviate this anxiety by permanently extending the provision.
Although the provision has a broad base of support, both the Department of State and the INS have expressed concerns about abuse and misuse in the program. Contending that the religious worker program is vulnerable to fraud, the agencies’ objective is to make all visa programs as fraud-free as possible.
A controversial type of case is one dealing with a non-minister religious worker who is volunteering or working part-time for a religious establishment and obtaining full-time employment elsewhere. This kind of scenario leads many to contend that such an alien is pledging to do religious work in the United States only to gain admission to the country, and would otherwise not qualify for entrance.
Proponents of an extension acknowledge that fraud is a legitimate issue. Nevertheless, they argue that tightening the religious worker provision is an improper solution. Advocates further contend that Congress should reject any proposed modifications to the program that would make it more difficult for qualified religious workers to enter the United States. The White House has formally endorsed this position in the past. As is, the provision requires non-minister special immigrant religious workers to meet stringent qualifications before they enter the country. Any attempt to impose stricter criteria will hurt religious organizations. I support the Religious Worker Visa Program and support the concept of making the program permanent.
Thank-you Mr. Chairman.