Religious Workers Site Visit Policy Changes

The United States Citizenship and Immigration Services (USCIS) on March 2, 2023, issued a policy memo that updates the way it conducts site visits for religious worker visas. The changes are aimed at enhancing the efficiency and effectiveness of the inspection process while continuing to ensure compliance with program requirements. In this blog, we will explore the key changes in USCIS’s site visit policy for religious worker visas and what petitioning organizations and religious workers should be aware of moving forward.

Key Changes in the Site Visit Policy

The policy memo introduced several notable changes to the site visit policy for religious worker visas, which include the following:

1. Discontinuation of mandatory pre-approval compliance review on-site inspections: USCIS will no longer conduct mandatory pre-approval compliance review on-site inspections for all petitioners for religious workers. This change is expected to streamline the approval process for religious worker petitions.
2. Random selection of religious worker petitions for compliance review on-site inspections: Instead of mandatory pre-approval inspections, USCIS will now randomly select religious worker petitions for compliance review on-site inspections, which usually occur after the approval of the petition. These inspections will focus on verifying the religious worker’s work hours, compensation, and duties at their work location.
3. “For cause” inspections for suspected non-compliance or fraud: USCIS may conduct “for cause” inspections at any time when there is suspected non-compliance with the terms of the religious worker petition or potential fraud. These inspections aim to uphold the integrity of the religious worker visa program.
4. Opportunity to respond to adverse findings: If a pre-adjudication inspection reveals issues that could lead to denial, USCIS may issue a request for evidence (RFE) or a notice of intent to deny (NOID). Similarly, if a post-adjudication inspection uncovers compliance concerns, USCIS may issue a notice of intent to revoke (NOIR). In either case, the petitioner will have an opportunity to respond and provide additional evidence to support their case.

What This Means for Petitioning Organizations and Religious Workers

These changes in the site visit policy for religious worker visas signal a shift in USCIS’ approach to ensuring compliance with program requirements. While this update may alleviate some of the burden on petitioners by reducing the number of mandatory pre-approval inspections, it does not diminish the importance of adhering to program requirements and maintaining accurate records.

To prepare for potential site visits, petitioning organizations and religious workers should:

• Maintain up-to-date records, including documentation of work hours, compensation, and duties for religious workers.
• Be prepared to provide additional evidence or documentation upon request from USCIS.
• Stay informed of any further updates to USCIS policies and procedures related to religious worker visas.

Conclusion

The updated USCIS site visit policy for religious worker visas emphasizes the need for petitioning organizations and religious workers to remain diligent in their compliance efforts. By staying informed of policy changes and maintaining accurate records, organizations and individuals can help ensure the legitimacy of the religious worker visa program and contribute to preventing fraud and abuse.