A change to U.S. visa policy is set next
week to make it more difficult — if not impossible — for many religious
sisters to enter the U.S., and could soon keep contemplative nuns and
others from gaining permanent residency in the country.
With a visa program for non-ordained religious workers due to expire March 13, the USCCB told The Pillar Wednesday that its expiration could hit rural and underserved dioceses especially hard.
The
EB-4 non-minister special immigration religious workers visa program
will close March 13, at the end of a short-term extension signed in
December last year.
The program, which
issues 5,000 visas a year, is used by Catholic religious orders and
other institutions to secure permanent residence — and a path to
citizenship — for a range of non-ordained applicants ineligible for
other kinds of religious worker visas.
The
EB-4 Special Immigrant Religious Worker Visa is distinct from the R-1
temporary religious worker visa program, which does not come with an
automatic green card. That program, used by foreign-born priests in the
U.S., is itself mired in backlogs and delays, which have forced many priests and religious to leave the U.S.
There
are two kinds of EB-4 visas available under the current system:
ministerial and non-ministerial, with the first class usually only
available to clergy or their equivalent — those qualified to lead
religious worship or perform the equivalent of sacramental ministry.
Non-ministerial
EB-4 visas allow for religious organizations to sponsor workers who are
not ministers to immigrate to the United States, in order to perform
services in their religious vocations or occupation.
Those kinds of visas, which are used by religious communities and diocesan-sponsored laity, are now in jeopardy.
According
to the United States Conference of Catholic Bishops, “examples of those
working as part of a vocation include nuns, monks, [religious]
brothers, and sisters.”
Work performed by
those visa holders includes care for the sick, aged, and dying in
hospitals and special facilities, work in youth ministry, religious
education in parishes and Catholic schools, and leadership or
administration of Catholic religious orders and institutions.
The
bishops’ conference noted in 2022 that the statutory provision for
non-minister special immigrant religious workers is not a permanent part
of U.S. immigration law, but instead sunsets at given intervals.
The
most recent such sunset clause was due to come into effect late last
year, when President Joe Biden signed a December 21 extension until
March 13 of this year.
Confirming that
the program is now set to end, recent guidance from the U.S. State
Department says that “no [EB-4 non-ministerial] visas may be issued
overseas, or final action taken on adjustment of status cases, after
midnight March 13, 2025. Visas issued prior to that date will be valid
only until March 13, 2025, and all individuals seeking admission in the
non-minister special immigrant category must be admitted (repeat,
admitted) into the United States no later than midnight March 13, 2025.”
“In
the event there is no legislative action extending the category beyond
March 14, 2025, the category will immediately become ‘Unavailable’ as of
March 14, 2025,” the State Department guidance says.
Prior
to the non-ministerial immigrant religious worker visa program’s
introduction in 1990, religious organizations attempting to use
traditional employment immigration categories for non-ministerial
workers faced “sometimes insurmountable obstacles,” according to the
bishops’ conference.
“The resulting
consequences were that religious entities found that they could not
sponsor workers at all or could not do so within a timeframe that
corresponded to their needs,” the conference said in 2022.
David Spicer, assistant director for policy for migration and refugee services at the USCCB, told The Pillar that thousands of Catholic religious workers have entered the country via the program over the last three decades.
“All
of our men and women religious and other laypersons who may come as
missionaries or in other capacities, they fall into this non-minister
category,” he explained.
“I think
probably the Catholic Church accounts for the largest number of these
non-ministers within the program… We have priests and deacons defined as
ministers, and then everyone else would fall into the non-minister
category. So it's a very significant impact that ‘non-ministerial’
portion is having on Catholic ministries across the country.”
But Spicer said, the end of the non-ministerial visa program will impact more than teachers, catechists, or caregivers.
It will also impact religious vocations, he said.
“With
formation for the priesthood, a diocese will usually send a man to a
formal seminary associated with an institution of higher education, so
that could provide a different opportunity for a student visa perhaps,”
Spicer said. “But in the case of religious congregations, it's not
always the case that their formation is so formal that they could have
the postulant on a student visa.”
Instead,
Spicer said, leaders of religious communities have relied on the
non-ministerial religious worker visa programs for members in formation.
And since religious profession is a lifelong commitment, the path to
permanent residency is important.
“I know
of a mother superior in Alaska who had to depart the country and leave
her community behind,” Spicer recalled, “and that had significant impact
on the Church there in Alaska, which is one of the places where we rely
most heavily on these foreign-born religious workers.”
“The
geographic scope of the dioceses there make it very difficult to
minister to Catholics spread all throughout such a large territory. And
so foreign-born religious workers are often the only real way that they
can do that.”
Spicer added that the
non-ministerial visa program is used for cloistered religious, and
religious sisters who work in the administration of their congregations
and orders.
Because the EB-4 visa program
is for permanent immigrant status with a path to citizenship, Spicer
confirmed that the pending closure would not affect those visa
recipients already in the country, since they would have green cards,
but nevertheless could affect other religious workers already in the
country.
“There is the potential for
somebody who's here on an R-1 visa, and even with the backlog there, we
may have men in women religious and others who fall into the
non-minister category who are here within their five year temporary
period when their visa number comes up for the EB-4, to be able to get a
green card,” he said.
“But in order to
take advantage of that, the program still has to be available. So we
could have a really unfortunate situation where somebody has been
waiting in the EB-4 backlog, is classified as a non-minister, and then
just as they're about to become eligible to get a green card the program
is no longer accessible to them.”
While the program is set to close in little more than a week, Spicer said that some kind of extension remains possible.
“We've had a couple of continuing resolutions now, already, for fiscal year 2025 appropriations,” he noted.
“God
willing, if Congress were to reach an agreement on a [resolution] by
the March 14 deadline, they could take a similar approach and that would
extend the non-minister provision, and other programs as well for the
duration of the resolution.”
The
uncertainty, he said, points to a need for the EB-4 program to be put on
a permanent footing, which the USCCB has advocated for.
In
April 2024, Bishop Mark Seitz, chair of the conference’s Committee on
Migration, wrote to legislators, noting that “the wait time for an EB-4
visa has increased drastically for most nationalities, now far longer
for this category than any other employment-based category.”
The bishop urged “that Congress permanently reauthorize this small but important program.”