Immigration Service Catch-22s Religion
Mark Silk | Jun 4, 2013
Since becoming part of the Department of Homeland Security, the federal agency formerly known as the Immigration and Naturalization Service has made it infuriatingly difficult for churches and synagogues to hire staff from abroad. Case in point: Nashville’s historic West End Synagogue.
This spring, the 135-year-old Conservative shul conducted a search for a new rabbi and decided to offer the position to an Argentine. In order to take the job, the rabbi must obtain an R-1 Temporary Religious Worker visa from the U.S. Citizenship and Immigration Services (USCIS). And that’s where the fun begins.
To get an R-1 visa these days, you have to prove to the USCIS that you will be working for an IRS-determined 501 (c) (3) religious non-profit. But it is in fact very rare for congregations to have an IRS determination, because the Service simply assumes that churches, synagogues, etc. are entitled to the status, and will only question it for cause.
Indeed, when the West End Synagogue happened to request a determination letter for another reason three years ago, this is what the IRS’ now notorious non-profit unit in Cincinnati had to say in response:
Churches, their integrated auxiliaries, and conventions or associations of churches that meet the qualifications for exemption are automatically considered tax exempt under section 501 (c) (3) of the Code without applying for formal recognition of such status. No determination letters are issued to such organizations.
http://marksilk.religionnews.com/2013/06/04/immigration-service-catch-22s-religion/
