29 / 84
C-6 | Civil Law Considerations—Immigration Law
that a diocese or eparchy sponsors them. CIS
generally views time spent on the F visa as a
period of study and not as a period of work,
whether or not the seminarian is assigned to
pastoral duties or has been ordained a deacon.
Although many seminarians would prefer to
obtain special immigrant status immediately
upon graduation and ordination to the priest-
hood, the more cautious and prudent immi-
gration route is to change to the R visa, work
the requisite two years and obtain approval
of the I-360 special immigrant petition, and
then adjust status to permanent residency. In
this way, there can be no question concern-
ing the accrued two-year work experience as a
minister immediately prior to submitting the
special immigrant petition.
E. Considerations and Potential Problems
1. Religious Occupation and Religious Vocation
Religious occupation is defined as follows:
(1) the duties must primarily relate to a tradi-
tional religious function and be recognized as
a religious occupation within the denomina-
tion; (2) the duties must be primarily related
to, and must clearly involve, inculcating or
carrying out the religious creed and beliefs of
the denomination; and (3) the duties do not
include positions that are primarily adminis-
trative or supportive in nature such as janitors,
maintenance workers, clerical employees,
fund raisers, persons solely involved in the
solicitation of donations, or similar positions,
although limited administrative duties that
are only incidental to religious functions are
permissible. Religious study or training for
religious work does not constitute a religious
occupation, but a religious worker may pursue
study or training incident to status.
Religious vocation
means a formal life-
time commitment, throughvows, investitures,
ceremonies, or similar indicia, to a religious
way of life. The religious denomination must
have a class of individuals whose lives are
dedicated to religious practices and functions,
as distinguished from the secular members of
the religion. Examples of individuals practic-
ing religious vocations include nuns, monks,
and religious brothers and sisters.
2. Inspections
Onsite inspections by local CIS fraud units
are typically conducted before approval of
religious worker cases. Fraud investigators will
visit employer locations to verify evidence
submitted with petitions. Fraud inspectors
use an audit compliance form that includes
specific questions to ask when conducting
site visits. Site visits may include a tour of
the facility, a review of employer records,
and an interview with relevant personnel at
the facility. If the first visit does not indicate
actual or potential fraud, CIS may decide not
to conduct audits for subsequent petitions
filed in the near future. CIS may also perform
a post-admission audit to verify that the reli-
gious worker is performing work as stated in
the petition. Further, an inspection may take
the form of a telephone call or an email from
CIS sent to the petitioner or representative,
requesting certain documents to be emailed
back to CIS.
3. Premium Processing
Petitioners for the R nonimmigrant appli-
cations may request premium processing
from CIS. Premium processing is only avail-
able for petitioners who have successfully
passed an onsite inspection. Currently, for
an additional $1,225 processing fee, CIS
will issue one of the following notices within
fifteen calendar days: an approval notice, a
denial notice, a notice of intent to deny, or
a request for additional evidence. Premium
processing requests are made by submitting
the completed Form I-129 with supporting
documentation, Form I-907, Request for
Premium Processing Service, and the two fil-
ing fee checks to CIS.
4. Attestation: Requirements and
Logistical Considerations
An attestation, which must be executed
by an authorized official of the prospective
employer and submitted along with the
petition, contains twelve distinct elements.
Some aspects of the attestation are burden-
some for petitioning organizations including
dioceses or eparchies, especially the need
to document the number of employees who