CV NEWS FEED // A Catholic diocese in New Jersey is suing the U.S. Department of State for changing visa rules for religious workers, alleging that the change will force foreign Catholic priests to leave the country.
According to an Aug. 9 article on ALM Law.com, the U.S. Department of State on March 28, 2023, announced new provisions concerning visa availability. Specifically, it stated it would no longer provide separate final action and filing dates for certain nonimmigrant workers, including religious workers, from Northern Central America. The rule went into effect on May 1, 2023, without a period for public comment.
Since the State Department will not allow them to file separate final action and filing dates, these nonimmigrant workers are unable to file their applications earlier, which can delay their entire application and their work authorization. It can also make it more difficult for employers to give a start date for these immigrants since they cannot secure their place in line for a visa. According to ALM, the new policy would require foreign priests “to abruptly leave the country.”
The lawsuit, The Roman Catholic Diocese of Paterson, New Jersey v. U.S. Department of State, claims that the “impact of defendants’ interpretation creates unwarranted discrimination against nonimmigrant religious workers and their religious employers, which is not narrowly tailored to advance any important or compelling government interest.”
The lawsuit also notes it “is well-documented that Roman Catholic Churches in the United States are facing substantial hardship in recruiting home-grown clergy,” and argued that changing the visa process of incoming foreign priests would make the shortage even worse.
The plaintiffs also accused the defendant of violating “the Administrative Procedures Act, the Congressional Review Act, the Religious Freedom Restoration Act, and the free exercise clause in the First Amendment,” Law.com states.
The suit was filed in the U.S. District Court for the District of New Jersey.
