LOADING
Loading...
Support the Religious Workforce Protection Act
Pastors and ministry leaders shepherding congregations across the United States do a tremendous work contending for the gospel in their communities. As the Baptist Faith and Message expresses, “It is the duty and privilege of every follower of Christ and of every church of the Lord Jesus Christ to endeavor to make disciples of all nations” (Article IX).
The Southern Baptist Convention has a strong network of churches serving underreached communities within the United States. In some specific circumstances, Southern Baptist churches may pursue employing foreign-born pastors and ministry leaders to fulfill specific needs within their churches. One way to do this is through sponsoring an R-1 visa, a non-immigrant visa specifically for religious workers. R-1 visas are temporary and expire after five years. Upon expiration, according to the regulations, the visa-holder must leave the United States for at least one year before re-applying for R-1 status.
In the past, if a pastor was called to stay in the United States after five years, they could apply for an employment based 4th category (EB-4) green card. However, a federal rule change under the Biden Administration created a 20+ year backlog in the EB-4, making it impossible for R-1 visaholders to adjust their status before their five years expires. This has placed a tremendous burden on certain churches, who may lose their pastor or other leaders for at least a year before they can return to the United States.
The ERLC has heard from a host of churches in our denomination that are at risk of losing pastors and ministry staff due to the backlog in the green card process. This ranges from lead and teaching pastors, to missions directors, to children’s ministry workers—all of whom have specific skills and giftings that are beneficial to their local church.
The Religious Workforce Protection Act is a proposal to fix this problem, and would allow R-1 visa holders with pending EB-4 applications to remain in the United States as long as they continue to meet the conditions of their R-1 visa. This bipartisan bill is narrowly tailored to specifically address the burden on religious workers and their communities.
Thankfully, in early 2026, the Trump administration announced an interim final rule (IFR) to partly remedy this issue. The rule eliminates the waiting period between subsequent R-1 visas. Now, there is no longer a minimum period of time R-1 visa holders must reside and be physically present outside the U.S. before they are able to seek readmission in R-1 status and return to their congregations.
The ERLC has been communicating with Congress and the Department of Homeland Security (DHS) for months to address this issue. We are grateful DHS has created a sensible, fair solution to this issue that allows our churches to keep the continuity of their spiritual care. Still, more permanent protections can be enacted by Congress.
The ERLC now calls upon Congress to pass the Religious Workforce Protection Act to ensure churches have continuity in essential spiritual care and helping pastors remain with the congregations they shepherd.
SBC Actions
Southern Baptists spoke to religious liberty at the 2024 annual meeting through the resolution “On Defending Religious Liberty” and to immigration at the 2023 annual meeting through the resolution “On Wisely Engaging Immigration.”
Latest Resources