Key Takeaways
• The Diocese of Paterson sued in August 2024 over expiring R-1 visas for five foreign-born priests.
• The Religious Workforce Protection Act would let religious workers stay past five-year R-1 visa limits.
• Due to 2023 policy, religious workers face a 15-year green card backlog under EB-4 visa category.
The Diocese of Paterson in New Jersey, along with five foreign-born priests, is at the center of a legal and legislative battle that could shape the future of religious worker immigration in the United States 🇺🇸. Their lawsuit against the federal government, filed in August 2024, highlights the growing crisis caused by visa backlogs and changing immigration policies. As Congress considers the Religious Workforce Protection Act, religious organizations across the country are watching closely, hoping for a solution that will allow them to continue serving their communities without disruption.
Lawsuit Highlights Crisis for Religious Worker Visas
The Diocese of Paterson and five priests—four from the Philippines and one from Colombia—filed their lawsuit on August 8, 2024, in the U.S. District Court in Newark, New Jersey. The priests, Fathers Regin Nico Dela Cruz Quintos, Joemin Kharlo Chong Parinas, Armando Diaz Vizcara Jr., Joseph Anthony Aguila Mactal, and Manuel Alejandro Cuellar Ceballos, are facing the expiration of their R-1 religious worker visas. Four of these visas will expire on May 14, 2025, and the fifth in April 2026.
The lawsuit names the State Department, Department of Homeland Security, and U.S. Citizenship and Immigration Services (USCIS) as defendants. The main issue is that, due to recent policy changes, these priests may be forced to leave the United States 🇺🇸 when their visas expire, even though their services are vital to the Diocese of Paterson and the communities they serve.
Attorney Raymond Lahoud, who represents the priests and the Diocese, has stated that if Congress passes the proposed Religious Workforce Protection Act, the lawsuit would become unnecessary. This highlights how closely the fate of these religious workers is tied to legislative action.
Why Are Religious Worker Visas in Crisis?
The root of the problem lies in a change to the Immigration and Nationality Act made in April 2023. This change placed special categories of juvenile migrants into the same immigration category (EB-4) as religious workers, but did not increase the annual cap of 10,000 green cards for this group. As a result, about 100,000 additional migrants are now competing for the same limited number of green cards each year.
Religious workers usually come to the United States 🇺🇸 on R-1 visas. These visas allow them to live and work in the country for up to five years. In the past, religious workers could expect to get permanent residency (a green card) through the EB-4 category in about 18 months, well before their R-1 visas expired. However, the 2023 policy change has created a huge backlog.
Now, according to Bishop Seitz of the U.S. Conference of Catholic Bishops’ Committee on Migration, a priest applying for a green card today will have to wait about 15 years before a visa becomes available. Since the R-1 visa only allows a five-year stay, this means many religious workers will have to leave the country for at least one year before they can return, disrupting their work and the communities that depend on them.
The Religious Workforce Protection Act: A Possible Solution
In response to this crisis, Senators Susan Collins (R-Maine), Tim Kaine (D-Virginia), and Jim Risch (R-Idaho) introduced the Religious Workforce Protection Act on April 8, 2025. This bipartisan bill aims to fix the problems caused by the visa backlog for religious workers.
Key features of the Religious Workforce Protection Act include:
- Allowing religious workers with an approved immigrant petition (Form I-360) to stay and work in the United States 🇺🇸 beyond the five-year R-1 visa limit, even if their green card is delayed due to the EB-4 backlog.
- Giving the Secretary of Homeland Security the power to extend R-1 status for religious workers past the five-year limit until a decision is made on their green card application.
- Removing the requirement for religious workers to leave the country after their R-1 time expires, as long as they have an approved I-360 petition.
This bill has received strong support from many religious groups, including the U.S. Conference of Catholic Bishops (USCCB), the Archdiocese for the Military Services, the Hindu American Foundation, and the U.S. Council of Muslim Organizations. These organizations recognize that foreign-born religious workers are essential for serving diverse and growing faith communities across the United States 🇺🇸.
How the Visa Backlog Affects Religious Communities
The visa backlog crisis is not just a problem for the Diocese of Paterson. It affects religious communities all over the country. Here are some of the ways the backlog is causing problems:
- Foreign-born clergy are essential in many areas. In Idaho, for example, nearly 25% of clergy members are foreign-born. Without them, many faith communities would struggle to provide regular services.
- Rural and isolated areas depend on foreign-born religious workers. Many small towns and remote communities would not have access to religious services without these workers.
- Large immigrant populations need clergy who understand their language and culture. Foreign-born priests, ministers, and other religious workers help serve these communities in ways that domestic clergy often cannot.
- Families may lose access to religious services. The USCCB has warned that if the visa backlog is not fixed, more American families will be unable to practice their faith as they wish.
- The State Department admits the problem. Officials have acknowledged that the 2023 policy change has led to much longer waits for religious worker green cards.
Recent Legislative and Policy Developments
On March 15, 2025, the president signed H.R. 1968 into law, extending the EB-4 non-minister special immigrant religious worker program. While this extension keeps the program alive, it does not solve the backlog problem caused by the 2023 policy change.
As of June 3, 2025, the Religious Workforce Protection Act is still being considered by Congress. Religious organizations are urging their members to contact their representatives and ask them to support the bill. This grassroots effort shows how important the issue is to faith communities across the country.
It is also important to note that the EB-4 category is already full for the 2025 fiscal year. This means that anyone who wants to adjust their status using Form I-485 in this category will have to wait until at least October 1, 2025. You can find the official Form I-485 on the USCIS website.
What Is Form I-360?
Form I-360 is the official petition for special immigrant status, including for religious workers. When a religious worker has an approved I-360, it means they have taken an important step toward getting a green card. However, due to the backlog, having an approved I-360 does not guarantee that a green card will be available soon. The official Form I-360 can be found on the USCIS website.
The Diocese of Paterson’s Hopes and Next Steps
The Diocese of Paterson and the five priests involved in the lawsuit are hoping that the Religious Workforce Protection Act will pass soon. If it does, their lawsuit may no longer be needed, as the new law would allow them to stay and work in the United States 🇺🇸 while waiting for their green cards.
The USCCB has made fixing the visa backlog a top priority for its migration committee. Bishop Seitz has said that only Congress can provide a real solution to the problem. Immigration law firms, such as the Garfinkel Immigration Law Firm’s Religious Workers Specialty Practice Group, are closely watching the bill’s progress and are ready to update their clients as soon as there is news.
What Should Religious Organizations Do Now?
For religious organizations facing similar challenges, there are several steps they can take:
- Stay informed about the Religious Workforce Protection Act. Follow updates from trusted sources and check the status of the bill in Congress.
- Contact your congressional representatives. Let them know how important this issue is to your community and ask them to support the bill.
- Work with immigration attorneys who understand religious worker visas. These professionals can help you understand your options and prepare for any changes in the law.
- Monitor updates from USCIS. Keep an eye on announcements about the EB-4 category and R-1 visa rules. The official USCIS Religious Workers page provides the latest information.
Broader Implications for the United States 🇺🇸
The outcome of the Diocese of Paterson’s lawsuit and the fate of the Religious Workforce Protection Act will have a big impact on religious communities across the United States 🇺🇸. Many faith groups rely on foreign-born clergy and religious workers to serve their members, especially in areas where there are not enough domestic vocations.
If the backlog is not addressed, more religious workers will be forced to leave the country when their R-1 visas expire. This could leave many communities without regular religious services, disrupt important cultural and spiritual traditions, and make it harder for immigrant families to practice their faith.
On the other hand, if Congress passes the Religious Workforce Protection Act, it would provide immediate relief for thousands of religious workers and the communities they serve. It would also show that the United States 🇺🇸 values the contributions of people from around the world who help keep faith communities strong and vibrant.
What’s Next for the Diocese of Paterson and Other Stakeholders?
The next few months will be critical. The Diocese of Paterson, the five priests, and many other religious organizations are waiting to see if Congress will act. If the Religious Workforce Protection Act passes, it will allow religious workers with approved I-360 petitions to stay in the United States 🇺🇸 while waiting for their green cards, ending the threat of forced departures and disruptions.
Religious organizations should:
- Keep up with legislative developments. The status of the Religious Workforce Protection Act can change quickly, so it’s important to stay updated.
- Advocate for change. Contacting lawmakers and sharing stories about how the visa backlog affects real people can make a difference.
- Plan for different outcomes. While there is hope for a legislative fix, organizations should also prepare for the possibility that the backlog will continue.
As reported by VisaVerge.com, the Religious Workforce Protection Act is seen as a practical and fair solution to a problem that affects not just religious workers, but the communities that depend on them. The bill’s bipartisan support and backing from a wide range of faith groups give it a strong chance of passing, but nothing is certain until Congress acts.
Conclusion: Practical Guidance for Religious Organizations
The Diocese of Paterson’s lawsuit and the push for the Religious Workforce Protection Act highlight the urgent need for immigration reform that recognizes the unique role of religious workers. The current backlog threatens the ability of many faith communities to serve their members and continue their traditions.
Key steps for religious organizations:
- Stay informed about the status of the Religious Workforce Protection Act and other relevant legislation.
- Contact your representatives to express support for the bill.
- Consult with immigration attorneys who specialize in religious worker visas.
- Monitor official updates from USCIS and other government agencies.
For more information on religious worker visas and the latest updates, visit the official USCIS Religious Workers page.
The coming months will be crucial for the Diocese of Paterson, the five priests, and thousands of other religious workers and organizations across the United States 🇺🇸. The outcome will shape not only immigration policy, but also the future of faith communities nationwide.
Learn Today
R-1 Visa → Temporary visa allowing religious workers to live and work in the US for up to five years.
EB-4 Visa → Immigrant visa category for special immigrants, including religious workers seeking permanent residence.
Form I-360 → Petition filed by religious organizations to classify workers as eligible for EB-4 visas.
Form I-485 → Application to adjust status to permanent resident after EB-4 visa availability.
Religious Workforce Protection Act → Proposed US law allowing visa extensions and preventing forced departure of religious workers.
This Article in a Nutshell
The Diocese of Paterson’s lawsuit highlights a critical immigration challenge for religious workers facing visa expirations. The Religious Workforce Protection Act proposes extending their stay during lengthy green card delays, impacting communities nationwide reliant on foreign-born clergy amid a worsening EB-4 visa backlog crisis in the United States.
— By VisaVerge.com
