Rubio Vows to End Clergy Visa Bottleneck for Religious Workers

(U.S.) Secretary of State Marco Rubio vowed this week to fix the green card logjam hitting foreign-born clergy. He says the Trump administration will carve out a separate track for EB-4 religious workers, easing pressure on churches now losing staff.

Rubio made the pledge on August 7, 2025, as faith groups report growing disruption from delayed EB-4 green cards. The issue is urgent because many ministers are reaching the five-year limit on R-1 visas.

What Rubio promised

Rubio said the administration plans a standalone process for religious workers in the EB-4 category. Currently, religious applicants wait in the same line as other EB-4 applicants, including those in the Special Immigrant Juvenile program.

His proposal would:

• Split religious cases from the broader EB-4 pool
• Aim for quicker review and better predictability for congregations

While the plan is administrative, not legislative, Rubio cast it as a near-term response to staffing crises at churches, mosques, synagogues, and temples. Details on timing and mechanics have not been released.

The Religious Workforce Protection Act

In Congress, bipartisan lawmakers introduced the Religious Workforce Protection Act (April 2025). The bill would let religious workers with approved immigrant petitions remain in the United States 🇺🇸 and keep serving after their R-1 status hits the five-year maximum while they wait for a green card to become available.

Key points:

• Core change: Workers could continue living and working lawfully past the R-1 limit if they have an approved immigrant petition and a pending place in the EB-4 line.
• Status: The bill sits in the Senate Judiciary Committee awaiting action.
• Why it matters: Without this change, many ministers must leave mid-ministry, even after years of service and settled community ties.

According to analysis by VisaVerge.com, the bill would provide immediate breathing room for faith institutions, while any administrative fix by Rubio could help untangle the queue long term.

Who is urging action

• The U.S. Conference of Catholic Bishops (USCCB) has urged swift passage of the Religious Workforce Protection Act, saying many dioceses depend on foreign-born clergy to keep parishes open and ministries running.
• The Diocese of Paterson warns current delays threaten its ability to maintain regular worship, outreach, and social services.

Religious leaders across traditions say departures break trust with families, interrupt sacraments and rites, and leave communities without counselors, teachers, and chaplains who speak their language and know their culture.

How EB-4 and R-1 fit together

• Most foreign-born clergy arrive on the R-1 nonimmigrant visa for religious workers. R-1 status can last up to five years.
• Many then seek permanent residence under the EB-4 (employment-based fourth preference), which includes religious workers and several other special immigrant groups.
• The EB-4 category has an annual cap of about 10,000 green cards. Because more applicants were added to EB-4 in recent years, the line has grown long—this is the main driver of the backlog.
• When an R-1 worker reaches the five-year limit before a green card is available, they often must leave, even if their immigrant petition is approved and their community still needs them.

What faith communities are experiencing

• Sudden clergy gaps that force parishes to cancel services or merge schedules
• Delays in weddings, funerals, baptisms, and community rites
• Reduced outreach: food pantries, youth programs, elder care, and refugee support
• Financial strain from recruiting short-term replacements and covering travel

These impacts ripple beyond spiritual care. Religious groups often run schools, shelters, counseling centers, and clinics. When ministers leave, those local services shrink or stall, affecting families and small businesses.

Step-by-step: The current path

1. The U.S. employer (church, mosque, temple, or religious nonprofit) files Form I-129 to classify the worker as R-1. Link: https://www.uscis.gov/i-129
2. The worker arrives and serves in R-1 status for up to five years.
3. The employer files Form I-360 (Special Immigrant Religious Worker) in the EB-4 category to start the green card process. Link: https://www.uscis.gov/i-360
4. The worker waits for a green card slot to open. Due to the backlog, this can outlast the R-1 time limit.

For official EB-4 guidance, see U.S. Citizenship and Immigration Services: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fourth-preference-eb-4

What could change soon

• Legislation: If the Religious Workforce Protection Act passes, workers with approved petitions could keep serving lawfully past five years, avoiding abrupt departures.
• Administration: Rubio’s proposed standalone process could separate religious cases from other EB-4 groups, which may speed up decisions for pastors, priests, rabbis, imams, and lay ministers.

Note: Rubio’s idea currently lacks statutory backing, so timelines remain uncertain under President Trump’s administration.

Practical tips for religious organizations

• Start early: File Form I-360 as soon as the worker is eligible; early filing increases the chance of overlapping R-1 time with EB-4 progress.
• Keep clean records: Maintain payroll, ordination proof, job letters, and evidence of tax-exempt status to reduce requests for more evidence.
• Plan coverage: Build backup schedules for worship and community services in case a worker must travel abroad temporarily.
• Communicate with families: Explain possible staffing changes well ahead of time to minimize shock and service interruptions.
• Engage lawmakers: Share local impact stories with Senate Judiciary Committee members to support the Religious Workforce Protection Act.

A real-world scenario

Picture a mid-sized parish with two U.S.-born priests and one priest from abroad. The foreign-born priest leads the Spanish-language Mass, mentors youth, and coordinates food distribution. His R-1 clock hits five years before his EB-4 spot opens.

Without legislative relief:

• He must depart for months or longer.
• Families lose a trusted pastor.
• The pantry cuts hours and youth events pause.
• Parish giving dips, affecting school aid.

A simple, legal fix could keep him serving while his place in the line comes up.

Key questions

• Why is there a backlog?
  • The EB-4 cap and the addition of more applicants to the category created longer waits.
• How would the Religious Workforce Protection Act help?
  • It would let workers with approved immigrant petitions remain and keep serving while a green card spot becomes available.

The bottom line

• Immediate need: Stop forced departures when R-1 time ends.
• Short-term path: Congress passes the Religious Workforce Protection Act.
• Long-term path: Rubio’s EB-4 standalone process could reduce wait times for clergy.

Action now would protect steady ministry, language access, and social services that many towns rely on.

What affected readers can do today

• Employers: Review R-1 end dates and file Form I-360 promptly if not already filed.
• Workers: Keep passports valid and maintain continuous, lawful status.
• Communities: Document how clergy service supports local needs—schools, clinics, food programs—and share with your senators.
• All stakeholders: Watch the Senate Judiciary Committee calendar and announcements from Secretary Rubio’s office for movement on both tracks.

Immediate action and both legislative and administrative fixes are needed to prevent disruptive departures and preserve community services dependent on foreign-born clergy.