Denial of Temporary Religious Worker Visa Upheld

In Calvary Albuquerque Inc. v. Blinken, (D NM, March 13, 2024), a New Mexico federal district court dismissed challenges to the denial of an R-1 (Temporary Religious Worker) visa for Stefen Green, a South African citizen who was to be hired as Calvary Church's Worship Director. At issue was the fact that Green received honoraria and allowances from Calvary Church while in the United States on a B-1 visitor's visa before the R-1 visa was approved. Green and Calvary Church both contended that the denial violated their rights under the Religious Freedom Restoration Act. Denying Green's claim, the court said in part:

Because the doctrine of consular nonreviewability is a long-standing “no trespass rule” for judicial review, and Congress has not expressly provided for judicial review of consular visa decisions, this Court may not infringe upon the consular officer’s decision to deny Mr. Green’s visa except where the constitutional rights of an American citizen are implicated....

Moving on to the RFRA claim by the Church, the court said in part: 

Calvary Church is a United States church making a free exercise claim under RFRA, so this Court must next determine whether the consular officer’s visa denial was made for a facially legitimate and bona fide reasons....

Here, the consular officer cited a valid statutory reason for denial.... [T]he consular officer made a factual determination that Mr. Green willfully misrepresented the purpose of his April 9, 2022, visit to a border official as commensurate with a B-1/B-2 visa and then violated that status by intending to engage in unauthorized employment for hire as an independent contractor at Calvary Church within 90-days of his entry into the United States.