Qualifying U.S. Work Experience for Special Immigrant Religious Workers

On April 7, 2015, the U.S. Court of Appeals for the Third Circuit, in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015), found the regulatory requirements that qualifying work experience gained in the United States must have been acquired in lawful status (herein “lawful status requirements”) in 8 CFR 204.5(m)(4) and (11) to be beyond the Department’s legal authority (ultra vires). The court found that the statute was clear and unambiguous and that the regulation was inconsistent with the statute. The Department of Homeland Security (DHS) did not seek further review of this decision.

Please read the USCIS Memorandum for more details.

Agency

Add new comment

Filtered HTML

  • Web page addresses and email addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Allowed HTML tags: <a href hreflang> <p> <h2 id> <h3 id> <h4 id> <h5 id> <h6 id> <em> <strong> <cite> <code> <ul type> <ol start type> <li> <dl> <dt> <dd><style> <drupal-entity data-*>
If you want to be notified of a response to your comment, please provide your email address.
CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.