Special Immigrant and Nonimmigrant Religious Workers, 20442-20457 [E7-7743]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Citizenship and Immigration Services

[Federal Register Volume 72, Number 79 (Wednesday, April 25, 2007)]
[Proposed Rules]
[Pages 20442-20457]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7743]


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DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 204, 214, and 299

[CIS No. 2302-05; DHS Docket No. USCIS-2005-0030]
RIN 1615-AA16


Special Immigrant and Nonimmigrant Religious Workers

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Proposed rule.

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SUMMARY: This rule proposes to amend U.S. Citizenship and Immigration 
Services (USCIS) regulations regarding the special immigrant and 
nonimmigrant religious worker visa classifications. This rule addresses 
concerns about the integrity of the religious worker program by 
proposing a petition requirement for religious organizations seeking to 
classify an

[[Page 20443]]

alien as an immigrant or nonimmigrant religious worker. This rule also 
addresses an on-site inspection for religious organizations to ensure 
the legitimacy of petitioner organizations and employment offers made 
by such organizations.
    This rule also would clarify several substantive and procedural 
issues that have arisen since the religious worker category was 
created. This notice proposes new definitions that describe more 
clearly the regulatory requirements, and the proposed rule would add 
specific evidentiary requirements for petitioning employers and 
prospective religious workers.
    Finally, this rule also proposes to amend how USCIS regulations 
reference the sunset date, the statutory deadline by which special 
immigrant religious workers, other than ministers, must immigrate or 
adjust status to permanent residence, so that regular updates to the 
regulations are not required each time Congress extends the sunset 
date.

DATES: Written comments must be submitted on or before June 25, 2007.

ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS-
2005-0030, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Director, Regulatory Management Division, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. To 
ensure proper handling, please reference DHS Docket No. USCIS-2005-0030 
on your correspondence. This mailing address may also be used for 
paper, disk, or CD-ROM submissions.
     Hand Delivery/Courier: Regulatory Management Division, 
U.S. Citizenship and Immigration Services, Department of Homeland 
Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 
20529. Contact Telephone Number (202) 272-8377.

FOR FURTHER INFORMATION CONTACT: Irene Hoffman Moffatt, Senior Program 
Analyst, Service Center Operations, U.S. Citizenship and Immigration 
Services, Department of Homeland Security, 111 Massachusetts Avenue, 
NW., 3rd Floor, Washington, DC 20529, telephone (202) 272-8410.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Public Participation
II. Background
    A. Current Eligibility Requirements for the Special Immigrant 
Religious Worker and Nonimmigrant Religious Worker
    B. Rationale for the Proposed Rule
III. Analysis of Proposed Rule
    A. Proposed Changes to Definitions
    B. Proposed Petitioning Requirements
    C. On-site Inspections
    D. Evidentiary Requirements for Petitioning Organizations
    E. Changes Unique to the Special Immigrant Religious Worker 
Classification
    F. Changes Unique to the Nonimmigrant Religious Worker 
Classification
IV. Regulatory Requirements
    A. Regulatory Flexibility Act
    B. Unfunded Mandates Reform Act of 1995
    C. Small Business Regulatory Enforcement Fairness Act of 1996
    D. Executive Order 12866 (Regulatory Planning and Review)
    E. Executive Order 13132 (Federalism)
    F. Executive Order 12988 (Civil Justice Reform)
    G. Paperwork Reduction Act
    List of Subjects

I. Public Participation

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments on all aspects of this 
proposed rule. The Department of Homeland Security (DHS) and U.S. 
Citizenship and Immigration Services (USCIS) also invite comments that 
relate to the economic or federalism effects that might result from 
this proposed rule. Comments that will provide the most assistance to 
USCIS in evaluating these procedures will reference a specific portion 
of the proposed rule, explain the reason for any recommended change, 
and include data, information, or authority that support such 
recommended change. See ADDRESSES above for information on how to 
submit comments.
    Instructions: All submissions received must include the agency name 
and DHS Docket No. USCIS-2005-0030. All comments received will be 
posted without change to https://www.epa.gov/feddocket, including any 
personal information provided. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.epa.gov/feddocket. Submitted 
comments may also be inspected at the Regulatory Management Division, 
U.S. Citizenship and Immigration Services, Department of Homeland 
Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 
20529. To make an appointment please contact the Regulatory Management 
Division at (202) 272-8377.

II. Background

A. Current Eligibility Requirements for Special Immigrant and 
Nonimmigrant Religious Workers

    Aliens may be classified either as nonimmigrant or special 
immigrant religious workers under the Immigration and Naturalization 
Act (INA) and USCIS regulations. See sections 101(a)(15)(R) and (27)(C) 
of the Immigration and Nationality Act of 1952, as amended, 8 U.S.C. 
1101(a)(15)(R) and (27)(C); 8 CFR 204.5(m), 214.2(r). To be eligible 
for classification as a religious worker, the alien must have been a 
member of a religious denomination having a bona fide, nonprofit 
religious organization in the United States for at least two years 
prior to the application for admission to the United States if seeking 
the religious worker (R-1) nonimmigrant status, or to the filing of the 
petition with USCIS if seeking special immigrant status. The alien must 
seek to enter the United States to work for the organization, or a bona 
fide organization affiliated with the denomination, as a minister or a 
worker in a religious vocation or occupation, regardless of whether or 
not in a professional capacity. Unlike some nonimmigrant categories, 
the R classification does not require that the alien establish that he 
or she has a residence in a foreign country which he or she has no 
intention of abandoning.
    Under current USCIS regulations, ``professional capacity'' is 
defined as ``an activity in a religious vocation or occupation for 
which the minimum of a United States baccalaureate degree or a foreign 
equivalent degree is required.'' 8 CFR 214.2(r)(2). ``Religious 
occupation'' is defined as ``an activity which relates to a traditional 
religious function,'' including, but not limited to, religious 
instructors, cantors and workers in religious health care facilities. 
Id. The term generally would not include maintenance workers, clerical 
staff or fund raisers. Id. A ``religious vocation'' is a ``calling to 
religious life evidenced by the demonstration of commitment practices 
in the religious denomination, such as the taking of vows.'' Id. A 
bachelor's degree or foreign equivalent is only required for aliens 
working in a professional capacity, assuming the other vocation or 
occupation requirements are met.
    The main substantive difference between the special immigrant 
religious worker and the nonimmigrant religious worker classification 
is that the special immigrant religious worker must not only have been 
a member of the

[[Page 20444]]

religious denomination for the two years immediately preceding the 
application, but must have also been working as a minister or 
performing the religious vocation or occupation continuously, either 
abroad or in the United States or both, for at least two years 
immediately preceding the filing of the application.
    The spouse or child of a nonimmigrant granted R-1 status can be 
admitted to the United States as an R-2 nonimmigrant in order to 
accompany, or follow to join, the principal R-1 alien. The spouse or 
child of a special immigrant religious worker is eligible to apply for 
permanent residence by virtue of the worker's acquisition of permanent 
residence.
    There is a significant procedural difference between the filing 
processes for special immigrant religious workers and nonimmigrant 
religious workers. Section 203(e) of the INA, 8 U.S.C. 1153(e), 
requires that an alien seeking status as a special immigrant religious 
worker file a petition (Form I-360) with USCIS. The petition must be 
approved before the alien can obtain special immigrant status. Under 
current USCIS regulations, there is no requirement that a nonimmigrant 
living outside of the United States file a petition to obtain a R-1 
visa. At present, an R-1 classification can be initiated at a consular 
office overseas through application for an R-1 visa (without any prior 
approval of a petition by USCIS) or, for aliens who are visa-exempt, by 
seeking initial admission into the United States. Organizations seeking 
to employ a nonimmigrant religious worker already present in the United 
States, or to extend the stay of a current R-1 nonimmigrant employee in 
the United States, must file a Form I-129, Petition for a Nonimmigrant 
Worker, with USCIS, along with the appropriate fee. Filing a Form I-129 
with USCIS is not the only way that a religious worker may obtain 
further periods of lawful stay in the United States. A religious worker 
may obtain additional approved periods of lawful stay in the United 
States by using a visa to reenter or, if visa-exempt, by seeking 
reentry at the border.
    Unlike the provision for ministers, which does not contain a sunset 
provision, section 101(a)(27)(C)(ii)(II) and (III) of the Act, 8 U.S.C. 
1101(a)(27)(C)(ii)(II) and (III), as enacted by section 151(a) of the 
Immigration Act of 1990 (IMMACT '90), Pub. L. No. 101-649, 104 Stat. 
4978 (Nov. 29, 1990), provided that professional and other religious 
workers must ``seek to enter the United States * * * before October 1, 
1994.'' See also An Act to Amend the Immigration and Nationality Act to 
Extend for an Additional 5 years the Special Immigrant Religious Worker 
Program, Pub. L. No. 108-99, 117 Stat. 1176 (Oct. 15, 2003). This 
sunset provision has been extended four times and now expires on 
October 1, 2008. Based on the pattern since 1990, further extensions to 
the sunset date can be anticipated. To immigrate under the special 
immigrant religious worker category, aliens who are not ministers must 
have a petition approved on their behalf and either enter the United 
States as an immigrant or adjust their status to permanent residence 
while in the United States by no later than September 30, 2008. This 
rule proposes to simply reference the statutory deadline contained in 
section 101(a)(27)(C) of the Act, rather than mention a specific date, 
so that regular updates to the regulations are not required each time 
Congress extends the sunset date provision. The sunset provision only 
applies to special immigrant workers in a religious vocation or 
occupation; it does not apply to the nonimmigrant religious worker 
category or to special immigrant ministers.

B. Rationale for the Proposed Rule

    The former Immigration and Naturalization Service (INS) published a 
proposed rule in 1995. 60 FR 29771 (June 5, 1995). While USCIS reviewed 
this earlier proposed rule, the Department determined that further 
changes to the regulations governing the religious worker program were 
needed. This was particularly evident given the passage of time, recent 
indications of fraud in the religious worker program and a renewed 
focus on eradicating such fraud, and the need to update current 
regulations to reflect recent statutory amendments.
    In March 1999, the Governmental Accountability Office (GAO) 
identified incidents of fraud in the religious worker program. GAO, 
Issues Concerning the Religious Worker Visa Program, Report GAO/NSIAD-
99-67 (March 26, 1999). The report stated that the fraud often involved 
false statements by petitioners about the length of time that the 
applicant was a member of the religious organization, the qualifying 
work experience, and the position being filled. The report also noted 
problems with the applicants making false statements about their 
qualifications and exact plans in the United States.
    USCIS has since continued to assess the potential for fraud in the 
religious worker program. USCIS developed and implemented a benefit 
fraud assessment to measure the integrity of specific nonimmigrant and 
immigrant applications and petitions by conducting administrative 
inquiries on randomly selected cases. The review is referred to as an 
``assessment'' because the 220 cases reviewed were not attached to any 
suspicions of fraud; rather, they were a statistically valid 
combination of pending and completed cases filed over a six month 
period that were reviewed to determine the extent of fraud occurring 
within the sample. This assessment by the USCIS Office of Fraud 
Detection and National Security (FDNS) confirmed that there was a 33% 
rate of fraud in the religious worker program. The assessment also 
indicated patterns of potential fraud and weaknesses that created 
vulnerabilities for fraud. Through this sample of religious worker 
cases, FDNS established that a significant number of petitions filed on 
behalf of religious workers were filed by nonexistent organizations 
(44% of fraudulent cases) and/or contained material misrepresentations 
in the documentation submitted to establish eligibility (54% of 
fraudulent cases). There exists a compelling need to eliminate this 
fraud. A summary of the USCIS FDNS Religious Worker Benefit Fraud 
Assessment can be found on the docket at https://www.regulations.gov or 
at https://www.uscis.gov under the ``about USCIS'' tab, then under 
``Freedom of Information and Privacy Act (FOIA).''
    In keeping with the DHS anti-fraud strategy, cases identified with 
preliminary findings of fraud are referred to the Bureau of Immigration 
and Customs Enforcement (ICE) for further investigation, possible 
removal proceedings, or referral for criminal prosecution.
    The changes proposed in this rule, if implemented, would decrease 
the opportunity for fraud in the religious worker program.

III. Analysis of Proposed Rule

    This rule proposes changes to the current religious worker process 
to address concerns about the integrity of the religious worker 
program. Those changes include expanding the petition requirement for 
all religious organizations seeking to classify an alien as an 
immigrant or nonimmigrant religious worker and the possibility of an 
on-site inspection for religious organizations to ensure the legitimacy 
of petitioner organizations and employment offers made by such 
organizations.
    USCIS also is proposing new and amended definitions to describe 
more clearly the regulatory requirements, as well as add specific 
evidentiary

[[Page 20445]]

requirements for petitioning employers and prospective religious 
workers. This rule also proposes to amend how USCIS regulations 
reference the sunset date, the statutory deadline by which special 
immigrant religious workers, other than ministers, must immigrate or 
adjust status to permanent residence, so that regular updates to the 
regulations are not required each time Congress extends the sunset 
date.
    USCIS does not believe that the requirements proposed under this 
rule (as discussed below) would substantially burden the free exercise 
of religion and therefore this rule should not raise any concerns under 
the Religious Freedom Restoration Act of 1993. See Pub. L. No. 103-141, 
107 Stat. 1488, found as amended at 42 U.S.C. 2000bb et seq. The 
regulation of the process that organizations must follow to petition 
for foreign workers and of foreign workers seeking to enter or remain 
in the United States exists independently of whether the employing 
organization is classified as ``religious'' in nature. The existing 
regulation of the religious worker program is only being continued by 
the present rule--it is not a new form of regulation or a regulation 
that otherwise intrudes upon the existing expectations of religious 
freedom under the First Amendment. USCIS has carefully crafted the 
additional requirements proposed in an attempt to eradicate fraud in 
the religious worker program.
    The proposed rule applies to the religious organizations who 
petition for an immigrant or non-immigrant religious worker to perform 
religious work in the United States. The proposed rule does not make 
any distinction that is known to be based on the substance of an 
individual's religious beliefs; it only sets qualifications for the 
organization seeking to employ an individual, and the qualifications of 
that individual. USCIS, however, is interested in public comment on 
this issue and will consider comments received in the development of 
the final rule.

A. Proposed Changes to Definitions

    The applicable definitions for applicants and petitioners for 
religious worker classification are set forth in 8 CFR 204.5(m) and 
214.2(r)(2). This proposed rule adds several definitions, and expands 
or clarifies others as described below. Because each of the defined 
terms are repeated in both 204.5 and 214.2, the amendments and 
additions proposed below apply to both sections as indicated in the 
regulation text at the end of this rule.
Bona Fide Organizations
    USCIS proposes to clarify the existing definition of ``bona fide 
nonprofit religious organization in the United States'' to mean a 
religious organization exempt from taxation as described in section 
501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. 501(c)(3), or 
subsequent amendment, as a religious organization and possessing a 
currently valid determination letter from the IRS confirming such 
exemption. A church must petition as a bona fide nonprofit religious 
organization and may not petition as a bona fide organization which is 
affiliated with a religious organization as a means to avoid the 
evidentiary requirements applicable to churches. USCIS has determined 
that this letter is the best means for a petitioner to provide 
immediate and certain documentation at the time of the initial 
application that the religious organization is exempt from taxation 
under section 501(c)(3). The agency welcomes public comments on 
alternative means for the initial petition to include such 
documentation.
    USCIS also proposes to add to the existing definition of ``bona 
fide organization which is affiliated with the religious organization 
in the United States,'' to include entities such as educational 
institutions, hospitals, or private foundations. See 8 CFR 204.5(m)(2), 
214.2(r)(2). Such entities may qualify as a petitioning employer 
organization for immigration purposes, even if their purpose is not 
exclusively religious, if documentation is provided to establish the 
organization's religious purpose and the religious nature of its 
activities. The eligibility of each organization will be determined on 
a case-by-case basis. An organization granted section 501(c)(3) status 
by the IRS as something other than a religious organization must submit 
the Religious Denomination Certification contained in the Forms I-360 
and I-129, signed by the attesting religious organization in the 
denomination to confirm the petitioning organization's affiliation with 
the religious denomination. Additionally, the bona fide nonprofit 
religious organization attesting to the petitioning organization's 
affiliation with the denomination must be exempt from taxation as 
described in section 501(c)(3) of the Internal Revenue Code of 1986 and 
as evidenced by a currently valid determination letter from the IRS 
confirming the bona fide nonprofit religious organization's exemption. 
A church may not present itself as a bona fide organization affiliated 
with a religious denomination as a means of avoiding the requirement 
that churches present an IRS tax-exempt letter as a religious 
organization.
Denominational Membership
    USCIS proposes to add a definition of ``denominational membership'' 
to clarify that, during at least the two-year period immediately 
preceding the filing of the petition, the alien must have been a member 
of the same religious denomination as the United States employer that 
seeks to employ him or her. The definition is premised on the shared 
faith and worship practices of the institution, rather than on their 
formal affiliation. The purpose of this definition is to avoid the 
immigration of religious workers (1) into institutions that are not 
truly practicing a religion, and (2) based on the alien's recent 
``conversion'' to a religious commitment in the interest of immigration 
status rather than a sincere intention to perform service to one's 
longstanding faith.
Ministers
    A ``minister'' is currently defined as an individual duly 
authorized by a religious denomination to conduct religious worship and 
to perform other duties usually performed by authorized members of the 
clergy of that religion. USCIS proposes to amend this definition to 
require that an individual also be ``fully trained according to the 
denomination's standard.'' The revised definition focuses on the 
denomination's traditional requirements for ordination or its 
equivalent, because some denominations do not require a particular 
level of formal academic training or experience.
Religious Denomination
    USCIS is modifying the definitions of ``religious denomination'' to 
clarify that it applies to a religious group or community of believers 
governed or administered under some form of common ecclesiastical 
government. See 8 CFR 204.5(m)(2), 214.2(r)(2). The denomination must 
share a common creed or statement of faith, some form of worship, a 
formal or informal code of doctrine and discipline, religious services 
and ceremonies, established places of religious worship, religious 
congregations, or comparable indicia of a bona fide religious 
denomination. The proposed definition does not require a hierarchical 
governing structure because some legitimate denominations officially 
shun such structures; instead, the focus is on the commonality of the 
faith and internal organization of the participating organizations.

[[Page 20446]]

Religious Occupation
    ``Religious occupation'' is now defined as habitual employment in 
an occupation the duties of which primarily relate to a traditional 
religious function and that is recognized as a religious occupation 
within the denomination. USCIS proposes to amend the definition to 
clarify that the duties of the position must be ``primarily, directly, 
and substantially related to the religious beliefs or creed of the 
denomination.'' Examples of religious occupations include, but are not 
limited to, liturgical workers, religious instructors, religious 
counselors, cantors, catechists, missionaries, religious translators, 
religious broadcasters, youth ministers, religious choir directors or 
music ministers, or ritual slaughter supervisors. ``Religious 
occupation'' does not include positions whose duties are primarily 
administrative or supportive in nature, and any administrative duties 
must be incident to the substantive, traditionally religious functions. 
Examples of non-qualifying administrative and support positions 
include, but are not limited to: janitors; maintenance workers; clerks; 
secretaries; fund raisers; secular musicians; secular translators; 
those who sell literature, volunteer as ushers during worship services, 
serve in the choir, volunteer part-time to assist the clergy, or lead a 
weekly study group; or similar persons engaged in primarily secular, 
administrative or support duties. These examples are primarily drawn 
from the legislative history of IMMACT '90. Family Unity and Employment 
Opportunity Immigration Act of 1990, H. Rept. 101-723(I), 101st Cong., 
2nd Sess. (Sept. 19, 1990).
Religious Vocation
    USCIS is proposing to revise the definition of ``religious 
vocation'' to clarify that it refers to a formal lifetime commitment to 
a religious way of life. The opportunity to immigrate as a religious 
worker in a vocation should be reserved for those individuals whose 
lives are dedicated to religious practices and functions, as 
distinguished from the secular members of the religion.
Religious Workers
    USCIS proposes to add a new definition of ``religious workers'' and 
to define the term, in part, as individuals engaged in a religious 
occupation or vocation either in a professional or non-professional 
capacity. Religious workers in a vocation are those individuals who 
have made a formal lifetime commitment to a religious way of life. 
USCIS is proposing to require evidence that the religious denomination 
has a traditional established class of individuals whose lives are 
dedicated to religious practices and functions, as distinguished from 
the secular members of the religion. Such evidence may include, but is 
not limited to, the taking of vows, or other investitures or 
ceremonies. USCIS requests comments with regard to other types of 
available evidence and alternative criteria for establishing the 
required level of commitment to a religious way of life applicable to 
diverse religious denominations.
    Religious workers in a religious occupation are those seeking to be 
employed by a religious organization in a religious occupation, the 
duties of which involve traditional religious functions. The new 
definition of religious occupation seeks to distinguish more clearly 
between non-qualifying lay or administrative work, and the kind of 
committed religious work justifying immigration status. The definition 
and evidentiary requirement for religious workers in a religious 
occupation use the bright lines of: (1) compensation by the employer, 
and (2) either 20 hours per week for nonimmigrants or 35 hours per week 
(full-time) for special immigrants.
    The revised requirements for immigrant petitions and nonimmigrant 
status require that the alien's work be compensated by the employer 
because that provides an objective means of confirming the legitimacy 
of and commitment to the religious work, as opposed to lay work, and of 
the employment relationship. Unless the alien has taken a vow of 
poverty or similarly made a formal lifetime commitment to a religious 
way of life, this rule requires that the alien be compensated in the 
form of a salary or in the form of a stipend, room and board, or other 
support so long as it can be reflected in a W-2, wage transmittal 
statements, income tax returns, or other verifiable IRS documents. 
USCIS recognizes that legitimate religious work is sometimes performed 
on a voluntary basis, but allowing such work to be the basis for an R-1 
nonimmigrant visa or special immigrant religious worker classification 
opens the door to an unacceptable amount of fraud and increased risk to 
the integrity of the program. In this rule, USCIS is proposing to 
implement bright lines that will ease the verification of petitioner's 
claims in the instances where documentary evidence is required. It 
should be noted that this rule greatly reduces the burden on 
petitioners for submission of evidence. For example, petitioners are 
currently required to submit evidence of the beneficiary's education 
and training whereas under this proposed rule they need only attest to 
the beneficiary's eligibility. Documentary evidence is generally only 
required when it is in the form of an official government document or 
similarly provides added reliability. This change to the evidentiary 
requirements, in favor of an attestation scheme, can only successfully 
insure against fraud and abuse where petitioner's claims can be 
verified. In accordance with 8 CFR 214.2(b)(1), members of a religious 
denomination coming temporarily and solely to do missionary work on 
behalf of a religious denomination may do so by obtaining a B-1 visa 
and may be granted extensions in increments of up to one year (provided 
such work does not involve the selling of articles or the solicitation 
or acceptance of donations).
    The issue of training is also clarified. The rules do not require a 
specific set of training, but a religious worker must be minimally 
competent to do the work and must intend to do it. Religious study or 
training for religious work in the United States does not justify 
special immigrant status, though an R-1 religious worker may pursue 
study or training incident to status, as is appropriate in several 
other nonimmigrant classifications. Aliens seeking to pursue religious 
study in the United States not incident to R-1 status may pursue 
options such as F-1 or J-1 classifications. All of these definitions 
recognize that some administrative duties are incidental to many 
religious functions, but require that the religious functions 
predominate.

B. Proposed Petitioning Requirements

    USCIS is proposing to impose a new petition requirement on 
employers or organizations seeking to classify an alien as a religious 
worker, whether as an immigrant (Form I-360) or nonimmigrant (Form I-
129). A petition requirement already exists for special immigrants and 
for organizations that seek to extend the stay or change status of a 
nonimmigrant religious worker already in the United States. The 
addition of the petition requirement for nonimmigrants seeking an R-1 
visa or R-1 visa-exempt entry is needed in order to facilitate current 
and future on-site inspections and to further ensure the integrity of 
the program. Only the employing, United States organization will be 
allowed to complete and submit the Form I-129 or Form I-360 on behalf 
of the beneficiary. Allowing petitions to be filed by the aliens 
themselves or by third parties does not support the

[[Page 20447]]

integrity of the process. Given that there always must be an employing 
United States organization; this requirement should not pose any undue 
hardship on filers.
    USCIS also is proposing to require that the petitioning employer 
complete and submit an attestation along with the Form I-129 or the 
Form I-360, for non-immigrants and special immigrants, respectively. 
The attestation will serve to establish that the alien will be entering 
the United States solely to carry on the vocation of a minister or to 
work in a religious vocation or occupation, that the alien is qualified 
for such position, and that the job offer is legitimate. These 
attestations must be executed by an authorized official of the 
organization. This requirement is designed to ensure that the 
prospective employer has the ability and intention to compensate the 
alien at a level at which the alien and accompanying family members 
will not become public charges, and that funds to pay the alien's 
compensation do not include any monies obtained from the alien, 
excluding reasonable donations or tithing to the religious 
organization.

C. On-Site Inspections

    This rule proposes that USCIS may conduct on-site inspections of 
petitioning organizations seeking to employ either an R-1 nonimmigrant 
or special immigrant religious worker. Pursuant to its general 
authority under section 103 of the INA and 8 CFR part 103, USCIS may 
conduct audits, on-site inspections, reviews or investigations, to 
ensure that an alien is entitled to the benefit sought and that all 
laws have been complied with before and after approval of such 
benefits. DHS has determined that the option to conduct such on-site 
inspections is vital to the integrity of the religious worker program 
and petitioning process. A recent assessment by the FDNS confirmed that 
there was a high percentage of fraud (33%) in the religious worker 
program. Through the statistically valid sample of Form I-360 religious 
worker petitions, FDNS established that a significant number of 
petitions filed on behalf of religious workers were filed by 
nonexistent organizations and/or contained material misrepresentations 
in the documentation submitted to establish eligibility. By 
promulgating the option to conduct on-site inspections as proposed in 
this rule, USCIS is emphasizing this tool, with other program 
enhancements, as a deterrent to fraud and an aid in the detection of 
fraudulent petitions in the R-1 nonimmigrant and special immigrant 
religious worker categories. This rule will also allow DHS to monitor 
religious workers and ensure they maintain lawful status while in the 
United States. The purpose of this activity is to eliminate the 
inappropriate award of immigration benefits to unqualified individuals.

D. Evidentiary Requirements for Petitioning Organizations

    USCIS also proposes to change the evidentiary requirements for 
petitioning employer organizations seeking a religious worker. Existing 
regulations require that the organization submit documentation showing 
that it is exempt from taxation in accordance with section 501(c)(3) of 
the Internal Revenue Code of 1986 as it relates to religious 
organizations. USCIS is proposing to specifically require that 
petitioning organizations submit a currently valid determination letter 
from the Internal Revenue Service (IRS). Likewise, a group of religious 
organizations, that are recognized as tax exempt under a group tax 
exemption, must provide the most current determination letter from the 
IRS that establishes that the group is an organization as described in 
section 509(a)(1) of the Internal Revenue Code of 1986, 26 U.S.C. 
509(a)(1), and that the group's tax exemption is in accordance with 
section 501(c)(3) of the Internal Revenue Code of 1986. USCIS 
recognizes that in some cases such a determination letter will require 
the payment of a user fee to the IRS. See IRS Form 8718 (rev. June 
2006).
    Although churches may not be required to obtain a section 501(c)(3) 
exemption for tax purposes, such an exemption is required when 
requesting immigration benefits on behalf of an alien. See Internal 
Revenue Service, Tax Guide for Churches and Religious Organizations: 
Benefits and responsibilities under the Federal Tax Law (IRS pub. no. 
1828, Rev. Sept. 2006); compare, section 101(a)(27)(C)(ii)(III) of the 
INA, 8 U.S.C. 1101(a)(27)(C)(ii)(III). Entities seeking to employ alien 
religious workers should be willing to request IRS recognition of their 
tax-exempt status, and their certifications to IRS under applicable tax 
rules will help ensure the integrity of their participation in the 
immigration process. In addition, the proposed regulation would modify 
the current regulatory text by replacing the ``it'' with 
``organization'' in order to clarify that the organization must be 
exempt from taxation. USCIS requests comments regarding how to document 
bona fide tax exempt status, including the availability of other 
government agencies that may certify the bona fide tax exempt status of 
organizations located in United States territories that may be outside 
the jurisdiction of the IRS.

E. Changes Unique to the Special Immigrant Religious Worker 
Classification

    Current regulations describing various categories of religious 
workers have led to much confusion. USCIS is now proposing to 
reorganize 8 CFR 204.5(m) in its entirety and simplify the religious 
worker classification by dividing it into three distinct categories: 
ministers, individuals engaged in a religious vocation, and individuals 
engaged in a religious occupation. Individuals within the latter two 
categories may be either professionals or non-professionals.
    The proposed rule recognizes that the prior religious work need not 
correspond precisely to the type of work to be performed; for instance, 
a former minister may immigrate to work as a missionary, and a former 
missionary, now ordained, may immigrate to work as a minister. The rule 
codifies longstanding recognition that a break in the continuity of 
religious work during the two years immediately preceding the filing of 
the petition will not affect eligibility if the alien has performed as 
a religious worker on a compensated, full-time basis, the break did not 
exceed two years, and the nature of the break was for further religious 
training or for sabbatical and did not involve unauthorized work in the 
United States.
    The proposed rule also clarifies that qualifying prior experience 
(that is, during the two years immediately preceding the petition or 
preceding any acceptable interruption of religious work) acquired in 
the United States must have been authorized under United States 
immigration law and in conformity with all other laws of the United 
States such as the Fair Labor Standards Act of 1938, 29 U.S.C. 201 et 
seq., 52 Stat 1060, as amended. If the alien was employed in the United 
States during the two years immediately preceding the filing of the 
application, the petitioner must submit the alien's W-2 wage 
statements, the employer's wage transmittal statements, and the 
transcripts of the alien's processed income tax returns (IRS Form 
4506T) for the preceding two years reflecting such work. Additionally, 
the alien must have belonged to the same denomination as the petitioner 
organization throughout the two years of qualifying employment. The 
evidentiary requirements in the rule also will ensure that the tax laws 
have been generally observed. Allowing periods of unauthorized, 
unreported employment to qualify an alien toward

[[Page 20448]]

permanent immigration undermines the integrity of the United States 
immigration system.
    USCIS proposes to remove existing 8 CFR 204.5(m)(3)(iv), which 
currently states that the director may request appropriate additional 
evidence relating to the eligibility under section 203(b)(4) of the 
Act, 8 U.S.C. 1153(b)(4), of the religious organization, the affiliated 
organization, or the alien. This paragraph is unnecessary, since it 
merely repeats general adjudicative procedures found in 8 CFR 103.2. A 
similar provision has been stricken from the nonimmigrant religious 
worker regulations.

F. Changes Unique to the Nonimmigrant Religious Worker Classification

    To maintain consistency in the adjudication of the nonimmigrant and 
special immigrant religious worker classifications, DHS has made 
conforming changes to the nonimmigrant religious worker classification 
(R visa category), where appropriate, to reflect the changes proposed 
in the definitions and filing requirements for special immigrant 
religious workers.
    Some proposed requirements, such as the period of authorized stay, 
are applicable only to the R visa category. Under current regulations, 
the standard period of stay is three years (with one potential 
extension of two years). USCIS proposes to change the standard period 
of stay to one year (with two potential extensions of two years each). 
An alien may apply for a one-year period of stay by filing the Form I-
129 and the R Classification Supplement with the required attestation 
section completed and supporting documentation. This one-year admission 
runs from the date of initial admission in order to provide the alien 
the benefit of the full year and also to accommodate for any delay in 
consular processing. An alien may apply for additional periods of stay 
by filing the Form I-129 with USCIS and through demonstration of the 
alien's compensation by the approved employer in a manner that assures 
compliance with tax policies and provides better assurance to USCIS 
that the required employment relationship truly exists. Any request for 
R-1 status, admission beyond the first year of R-1 status, or any 
period of extension of stay, must include initial evidence of the 
previous R-1 employment in the form of the alien's W-2 wage statements, 
the employer's wage transmittal statements, and transcripts of the 
alien's processed income tax returns (IRS Form 4506T) for any preceding 
period spent in the United States in R-1 status. For any period of such 
employment not yet reflected in documents, such as W-2s, wage 
transmittal statements or income tax returns, required to be completed 
or filed at the time of filing the petition, then pay stubs relating to 
payment for such employment shall also be presented for work not yet 
reflected in such documents. Aliens who have taken a vow of poverty or 
similar formal lifetime commitment to a religious way of life may 
submit evidence of such commitment in lieu of the above documentary 
requirements, but must also submit evidence of all financial support 
(including stipends, room and board, or other forms of support) 
received while in R-1 status.
    The proposed rule will require that every petition for R-1 
classification must be initiated by filing a Form I-129 with USCIS. 
Beneficiaries will no longer be able to obtain an R-1 visa or status at 
a United States Consulate abroad or at a port-of-entry without the 
prior approval of the Form I-129 by USCIS. Visa-exempt aliens will 
present the USCIS approval of the Form I-129 at the port-of-entry when 
applying for admission in R-1 status. Only a prospective or existing 
employer can complete and file the Form I-129, and the employer must 
notify USCIS when the individual on an R-1 visa has been released from 
his or her employment or is no longer working the minimally required 
hours.
    DHS is proposing to exempt from the five-year maximum stay certain 
aliens whose work in the United States is intermittent or seasonal. DHS 
requests comments on the need for this exemption in the religious 
worker context. Lastly, the existing rule is clarified to allow R-2 
spouses and children to remain in the United States for the same time 
limits as the principal alien. Nevertheless, as with any dependent 
nonimmigrant status, the primary purpose of the spouse or child must be 
to join or accompany the principal R-1 alien in the United States. 
USCIS may limit, deny or revoke on notice any stay for an R-2 that is 
not primarily intended for that purpose or is intended to evade the 
normal requirements of the nonimmigrant classification that otherwise 
would apply when the principal alien is absent from the United States. 
An R-1 alien may not use occasional work visits to the United States in 
order to ``park'' the R-2 family members in the United States for 
extended periods while the principal alien is absent.

IV. Regulatory Requirements

A. Regulatory Flexibility Act

    USCIS has reviewed this regulation in accordance with the 
Regulatory Flexibility Act (5 U.S.C. 605(b)). USCIS is not able at this 
time to certify this rule will not have a significant economic impact 
on a substantial number of small entities. This proposed rule amends 
existing regulations pertaining to the special immigrant and 
nonimmigrant religious worker classifications and also is designed to 
address fraud in, and ensure the integrity of, the religious worker 
program. This rule affects only those religious organizations and bona 
fide organizations affiliated with a religious denomination (which may 
include educational institutions, hospitals, and private foundations) 
that are seeking to classify an alien as a nonimmigrant religious 
worker or special immigrant religious worker. DHS estimates that USCIS 
likely will receive approximately 22,338 petitions filed annually from 
such organizations and that in most instances, such organizations would 
be considered ``small entities'' as that term is defined under 5 U.S.C. 
601. The 22,338 figure is derived from the total number of Forms I-360 
and I-129 religious worker petition filings in the prior fiscal year 
(4,617 Form I-360s and 5,939 Form I-129s filed for change of status or 
extension of stay of R-1 nonimmigrants), plus 11,782 visas issued by 
the Department of State for initial R-1 nonimmigrant visas, which USCIS 
projected will be the number of new petitions it will see for the R-1 
nonimmigrant category in light of the new petition requirement for that 
classification. The 22,338 figure, however, does not take into account 
petitioning organizations that file petitions for several potential 
religious workers. Further, there are no available statistics on the 
total number of religious organizations and affiliated bona fide 
organizations that may exist in the United States and of that the 
number the percentage of organizations that ultimately may seek to hire 
a foreign national to perform work in a religious occupation or 
vocation. The Department, therefore, seeks comments on the extent of 
any potential economic impact of this rule on small entities.
    USCIS recognizes that there will be certain additional costs and 
burdens on the religious organizations and bona fide organizations 
affiliated with a religious denomination due to the new petitioning 
requirement for R-1 nonimmigrants. The estimated costs and benefits are 
described in detail in the Executive Order 12866 section below.

[[Page 20449]]

    Even assuming that the number of petition filings remains constant 
annually and projecting that approximately 15,637 (70% of the 22,338 
petitions) individual organizations will seek religious workers, USCIS 
has determined that the total costs to a religious or affiliated bona 
fide organization of for a religious worker petition ($190) would 
represent a small percentage of the organization's total annual wage 
cost for the beneficiary of the religious worker petition (depending on 
the type of worker sought and assuming, for purposes of this analysis, 
that the position is salaried). USCIS also projects that the petition 
cost would be an even smaller percentage of the petitioning 
organization's overall operating budget. These percentages were 
calculated based on Bureau of Labor Statistics indicating national 
average wages for the private sector ($17.25/hour), religious workers 
($11.41/hour), Directors of Religious Activities/Education ($16.41/
hour), and clergy ($19.23/hour) and based on the standard 35 hours per 
week for a full-time worker for a full year. Finally, petitioning 
organizations will have an additional burden in terms of time needed to 
complete attestation and certification requirements related to the 
organization's tax exempt status and the potential religious worker's 
qualifications and to collect and submit additional information related 
to the employer's tax exempt status and an attestation regarding the 
potential religious worker's qualifications and duties, etc. USCIS 
anticipates, however, that most of this information will be readily 
available to the organization. Thus, any impact on religious or 
affiliated organizations or individuals to comply with these 
requirements should be minimal.
    Additionally, USCIS recognizes that many religious organizations 
will be required to pay a user fee to the IRS to acquire a currently 
valid determination letter of their IRC section 501(c)(3) status. IRS 
Forms 1023 and 8718 (rev. June 2006). Very small organizations with 
gross revenues of not more than $10,000 may be charged a fee of $300 by 
the IRS to determine their current 501(c)(3) status. Organizations with 
gross receipts in excess of $10,000 during the previous four years or 
anticipating gross receipts averaging more than $10,000 during the 
first four years, may be charged a fee of $750 by the IRS to determine 
their current 501(c)(3) status. USCIS does not currently possess 
sufficient information to determine which organizations would fall into 
each category or otherwise not be required to pay such a fee. 
Accordingly, DHS invites comments on the scope of these costs and more 
accurate means for defining these costs. Again, DHS invites comments on 
ways that a religious organization could demonstrate that they meet the 
requirements without providing a 501(c)(3) letter, but without USCIS 
being required to analyze sizeable paperwork to verify the status. 
USCIS is also pursuing alternative avenues of verification directly 
with the IRS.
    Considering the importance of preventing fraud in the religious 
worker program and of ensuring that only legitimate religious 
organizations and bona fide affiliated organizations participate in the 
process, DHS believes that this proposed rule will have a positive 
impact overall. USCIS anticipates a net reduction of many of the 
adjudicative resources that might be expended in determining whether a 
religious worker petition involves potential fraud or 
misrepresentations. USCIS, however, specifically invites public comment 
on the estimated cost to petitioning religious organizations and bona 
fide organizations affiliated with a religious denomination to comply 
with the new religious worker petition requirements and prepare for the 
on-site inspections.

B. Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

C. Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

D. Executive Order 12866 (Regulatory Planning and Review)

    This rule is considered by the Department of Homeland Security to 
be a ``significant regulatory action'' under Executive Order 12866, 
section 3(f), Regulatory Planning and Review. Accordingly, this 
regulation has been submitted to the Office of Management and Budget 
for review.
Assessment of the Costs
    This proposed rule amends existing regulations pertaining to the 
special immigrant and nonimmigrant religious worker classifications. 
For fiscal year 2005, 3,230 individual organizations filed 4,617 
petitions with USCIS seeking special immigrant religious workers. Also, 
5,939 petitions were filed with USCIS for extensions and changes of 
status for R-1 nonimmigrant religious workers. Not all of these R-1 
petitions represent filings by a single religious organization or bona 
fide organization affiliated with a religious denomination. These 
figures also do not account for instances where a single religious 
organization or affiliated bona fide organization filed petitions for 
several potential religious workers.
    Currently, there is no petition requirement for religious 
organizations or bona fide affiliated organizations initially seeking a 
nonimmigrant religious worker. To estimate the number of organizations 
that may be affected by the new petition requirement for the 
nonimmigrant religious worker classification (R-1), USCIS looked at the 
number of nonimmigrant visas that were issued by the Department of 
State for religious workers in 2004. Department of State issued 11,782 
visas for 2004; however, this number does not exclude those aliens who 
potentially have multiple visas or those aliens who were previously in 
R-1 nonimmigrant status and received extension of their status by 
obtaining a new visa and reentering the United States (rather than 
seeking an extension while in the United States).
    Assuming the number of religious worker petitions filed annually 
and the number of religious or affiliated organizations seeking workers 
remain constant, DHS projects that approximately 15,637 individual 
organizations will seek religious workers each fiscal year. This 
projection is based on the percentage of religious organizations and 
bona fide affiliated organizations that sought special immigrant 
religious workers in FY 2005 (70%) applied against the total population 
of projected annual petition filings of 22,338. In order to 
differentiate the amount attributed to each form associated with the 
Religious Worker program (Form I-129 and I-360) the following figures 
will be used to estimate costs and burden hours for

[[Page 20450]]

each form. Based on the percentage of religious organizations and bona 
fide affiliated organizations that sought special immigrant religious 
workers in FY 2005 (70%) applied against the population of projected 
annual petition filings for the Form I-129, DHS estimates that there 
will be approximately 12,407 (17,721 x 70%) Form I-129 filings for the 
nonimmigrant religious worker, and 3,230 (4,617 x 70%) for the Form I-
360 which comprises the total 15,637 (22,338 x 70%) total projected 
filings for both forms.
    The current fees for the Form I-129, Petition for Nonimmigrant 
Worker, and the Form I-360, Petition for Amerasian, Widow(er), or 
Special Immigrant are $190. USCIS is proposing to modify these fees in 
a separate rule. USCIS already has an approved information collection 
for the Form I-129, OMB 1615-0009, and Form I-360, OMB 1615-0020. 
Petitioning organizations are required to submit additional initial 
evidence related to their tax-exempt status and an attestation 
regarding the potential religious worker's qualifications and duties, 
etc. Information collection costs, therefore, are increased by these 
requirements, which would increase the existing information collection 
burden by roughly 15 minutes per respondent for the new attestation for 
both the Form I-129 and the Form I-360. If there are 15,637 
respondents, this increases the information collection burden by 
approximately 3,908 hours, which at $16 per hour increases public costs 
by $62,528. DHS estimates that the Form I-129 will have 12,407 of the 
15,637 estimates filings which would be an increase in information 
collection burden by approximately 3,101 hours for the attestation 
which at $16 per hour increases the public costs for the Form I-129 by 
$49,616. DHS estimates that the Form I-360 will have 3,230 of the 
15,637 estimates filings (based on the FY05 filings stated earlier) 
which would be an increase in information collection burden by 
approximately 807 hours which at $16 per hour increases the public 
costs for the Form I-360 by $12,912. The total cost of petitioning 
under this proposed rule is estimated to be $6,510,103. ($5,165,373 for 
the Form I-129 and $1,344,730 for the Form I-360). In addition, changes 
in filing requirements will increase the frequency of filings for 
extensions or changes of status over a five-year period, increasing the 
total costs to the public to $6,665,503.
    In addition, several respondents are expected to pay the fee 
required under Internal Revenue Regulations of ($750) for obtaining a 
section 501(c)(3) status determination letter from that agency. Since 
this is a new requirement, USCIS has no data on which to base an 
estimate of how many will be required to resort to this course of 
action. The agency has anecdotal stories from adjudications and other 
programs indicating that these letters are regularly lost or destroyed, 
and the existence of the IRS form points to its eventuality. 
Nonetheless, even assuming that all 15,637 religious worker petitions 
expected to be received per year are required to pay this fee, the 
total cost of such requests would be under $12 million. USCIS feels 
that the actual number will be much less and welcomes comments on this 
impact.
    Together the total cost of these proposed changes are estimated to 
be $18,393,253, which remains well below the threshold of an 
economically significant rule as provided by the Executive Order.
Assessment of Benefits
    The cost of the proposed rule's increased information collection is 
outweighed by the overall benefit to the public of an improved system 
for processing religious workers.
    The proposed rule is a vital tool in furthering the protection of 
the public by (1) more clearly defining the requirements and process by 
which religious workers may gain admission to the United States, and 
(2) increasing the ability of DHS to deter or detect fraudulent 
petitions and to investigate and refer matters for prosecution. A 
recent assessment by the USCIS Office of Fraud Detection and National 
Security confirmed that there was a high percentage of fraud in the 
religious worker program. Through this statistically valid sample of I-
360 religious worker petitions, FDNS established that a significant 
number of petitions filed on behalf of religious workers were filed by 
nonexistent organizations and/or contained material misrepresentations 
in the documentation submitted to establish eligibility. The benefits 
of decreased fraud and increased national security tend to be 
intangible, thus, the benefits of such reduction in the high level of 
fraud in this program are difficult to quantify. On the other hand, the 
lack of such protections become quite tangible as soon as the lack of 
protections such as those proposed in this rule are manifested in the 
tangible economic or societal damage caused by a recipient of a 
fraudulent religious worker visa. The changes to the petition 
requirements for all religious workers as well as other program 
enhancements, such as a possible on-site inspection, are intended to 
increase detection of fraudulent petitions in this category and 
increase the ability of DHS to monitor that the eligible alien 
maintains status during their stay as valued guests in this country.
    This rule amends requirements for the special immigrant and 
nonimmigrant religious worker visa classifications. It will not 
significantly change the number of persons who immigrate to the United 
States based on employment-based petitions or temporarily visit based 
on a nonimmigrant visa petition. This rule is intended to benefit the 
public by clarifying definitions associated with the religious worker 
classifications, acceptable evidence, and specific religious worker 
qualification requirements. Balanced against the costs and the 
requirements to collect information, the burden imposed by the proposed 
rule appears to USCIS to be justified by the benefits.

E. Executive Order 13132 (Federalism)

    This rule will not have substantial direct effects on the States, 
on the relationship between the National Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with section 6 of 
Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

F. Executive Order 12988 (Civil Justice Reform)

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988.

G. Paperwork Reduction Act

    Any prospective employer must file a Form I-129, Petition for 
Nonimmigrant Worker, or Form I-360, Petition for Amerasian, Widow(er), 
or Special Immigrant seeking to classify an alien as a religious worker 
under sections 101(a)(15)(R) and (27)(C) of the Act. The Forms I-129 
and I-360 are considered information collections under the Paperwork 
Reduction Act (PRA). The Office of Management and Budget (OMB) has 
previously approved both the Forms I-129 and I-360 for use. The OMB 
control numbers for these collections for the Form I-129 is OMB 1615-
0009 and for the Form I-360 is OMB 1615-0020.
    This proposed rule extends the number of respondents for Form I-129 
and adds new information collections with respect to evidentiary 
attestations

[[Page 20451]]

for both the Form I-129 and Form I-360. These requirements are 
considered information collections subject to review by OMB under the 
Paperwork Reduction Act of 1995. Written comments are encouraged and 
will be accepted until June 25, 2007. When submitting comments on the 
information collection, your comments should address one or more of the 
following four points.
    (1) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the collection of information, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of the information on 
those who are to respond, including through the use of any and all 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.
Overview of Information Collection for Attestation in the Form I-129
    (1) Type of information collection: Revision of currently approved 
collections.
    (2) Title of Form/Collection: I-129, Petition for a Nonimmigrant 
Worker/Evidentiary requirements; religious worker.
    (3) Agency form number, if any, and the applicable component of the 
Department of Homeland Security sponsoring the collection: Form I-129, 
U.S. Citizenship and Immigration Services.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Individuals. The information collection is 
necessary in order for USCIS to make a determination whether the 
prospective employer is a bona fide non-profit religious organization 
or a bona fide organization which is affiliated with the religious 
denomination, that the job offer is legitimate, that the beneficiary 
qualifies for the classification sought, and that the employer is 
providing compensation in compliance with the Internal Revenue Code.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond to the new 
requirements: 381,355 respondents at 3 hours per response. In addition, 
the on-site inspection is estimated to be an additional 65 minutes for 
each religious organization (12,407 respondents).
    (6) An estimate of the total of public burden (in hours) associated 
with the collection: Total reporting burden hours is 1,157,501.
    All comments and suggestions or questions regarding additional 
information should be directed to the Department of Homeland Security, 
U.S. Citizenship and Immigration Services, Regulatory Management 
Division, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 
20529; Attention: Richard A. Sloan, Director, 202-272-8377.
Overview of Information Collection for Attestation in the Form I-360
    (1) Type of information collection: Revision of currently approved 
collections.
    (2) Title of Form/Collection: Form I-360 Petition for Amerasian, 
Widow(er), or Special Immigrant /Evidentiary requirements; religious 
worker.
    (3) Agency form number, if any, and the applicable component of the 
Department of Homeland Security sponsoring the collection: Form I-360, 
U.S. Citizenship and Immigration Services.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Individuals. The information collection is 
necessary in order for USCIS to make a determination whether the 
prospective employer is a bona fide non-profit religious organization 
or a bona fide organization which is affiliated with the religious 
denomination, that the job offer is legitimate, that the beneficiary 
qualifies for the classification sought, and that the employer is 
providing compensation in compliance with the Internal Revenue Code.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond to the new 
requirements: 16,914 respondents at 2.25 hours per response.
    (6) An estimate of the to