Legal Writing for Legal Reading!

3rd Circuit Invalidates Portion of Religious Worker Visa Rules

This is from religionclause.blogspot.com which you can find here:

“The U.S. Third Circuit Court of Appeals in Shalom Pentecostal Church v. Acting Secretary U.S. Department of Homeland Security, (3d Cir., April 7, 2015), invalidated a provision in Department of Homeland Security regulations on qualification for an I-360 special immigrant religious worker visa.  The court summarized its decision as follows:

The Immigration and Nationality Act (INA) enables an immigrant to obtain a visa as a “special immigrant religious worker” if the immigrant meets certain statutory criteria, including that he has been “carrying on” religious work for at least the two years preceding the filing of the visa petition.  This case presents the question whether a requirement imposed in the relevant regulation [8 CFR 204.5(m)] that this religious work have been carried on “in lawful immigration status” crosses the line from permissible statutory interpretation by the responsible agency to ultra vires regulation contrary to the clear intent of Congress…..  [T]he District Court here concluded that the regulation is ultra vires because it contradicts the plain language of the INA….. For the reasons set forth below, we agree. We therefore will affirm the District Court’s order as to the invalidity of the regulation but will reverse and remand for further fact-finding on the remaining visa criteria.

Courthouse News Service reports on the decision.”

You can learn more about this issue here.

Single Post Navigation

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: