119-s1298

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1298 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1298

To authorize the continuation of lawful nonimmigrant status for certain 
 religious workers affected by the backlog for religious worker 
 immigrant visas.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 April 3, 2025

 Mr. Kaine (for himself, Ms. Collins, and Mr. Risch) introduced the 
 following bill; which was read twice and referred to the Committee on 
 the Judiciary

_______________________________________________________________________

 A BILL

To authorize the continuation of lawful nonimmigrant status for certain 
 religious workers affected by the backlog for religious worker 
 immigrant visas.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Religious Workforce Protection 
Act''.

SEC. 2. EXTENSION OF NONIMMIGRANT STATUS FOR RELIGIOUS WORKERS CAUGHT 
 IN LONG BACKLOGS FOR LAWFUL PERMANENT RESIDENCE.

    (a) In General.--

Section 214

    (a)

    (2) of the Immigration and 
Nationality Act (8 U.S.C. 1184

    (a)

    (2) ) is amended by adding at the end 
the following:
 ``
            (C) Notwithstanding 

section 101

    (a)

    (15)
        (R)
            (ii) , an alien may apply 
for, and the Secretary of Homeland Security may grant, an extension of 
nonimmigrant status under 

section 101

    (a)

    (15)
        (R) until such alien's 
application for adjustment of status or an immigrant visa has been 
processed and a decision has been made on such application if the 
alien--
 ``
            (i) is the principal or derivative beneficiary of an 
 immigrant petition filed pursuant to 

section 204

    (a) for a 
 preference status under 

section 203

    (b)

    (4) ; and
 ``
            (ii) is eligible to be granted such immigrant status 
 absent the application of the numerical limitations under 
 sections 201, 202, and 203.''.

    (b) Conforming Amendment.--

Section 101

    (a)

    (15)
        (R)
            (ii) of the 
Immigration and Nationality Act (8 U.S.C. 1101

    (a)

    (15)
        (R)
            (ii) ) is 
amended by inserting ``, except as provided in 

section 214

    (a)

    (2)
            (C) ,'' 
after ``5 years''.

SEC. 3. LIMITED JOB FLEXIBILITY FOR CERTAIN RELIGIOUS WORKERS WITH 
 LONG-DELAYED APPLICATIONS FOR LAWFUL PERMANENT RESIDENCE.

 

Section 204

    (j) of the Immigration and Nationality Act (8 U.S.C. 
1154

    (j) ) is amended by striking ``subsection

    (a)

    (1)
            (D) '' and inserting 
``subsection

    (a)

    (1)
        (F) or subsection

    (a)

    (1)
        (G)
            (i) (with respect to 
special immigrants described in 

section 101

    (a)

    (27)
            (C) )''.

SEC. 4. EXEMPTION TO 1-YEAR FOREIGN RESIDENCE REQUIREMENT FOR CERTAIN 
 NONIMMIGRANT RELIGIOUS WORKERS.

 An alien described in 

section 214

    (a)

    (2)
            (C) of the Immigration and 
Nationality Act, as added by 

section 2

    (a) , who departed from the United 
States due to the 5-year limitation on nonimmigrant status under 

section 101

    (a)

    (15)
        (R) of such Act (8 U.S.C. 1101

    (a)

    (15)
        (R) ) shall be 
exempt from the 1-year foreign residence requirement set forth in 

section 214.2

    (r)

    (6) of title 8, Code of Federal Regulations.
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