UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NATIONAL CAPITAL PRESBYTERY et al., Plaintiffs, v. Civil Action No. 18-2681 (TJK) ALEJANDRO N. MAYORKAS et al., Defendants.1 MEMORANDUM OPINION Plaintiffs challenge Defendants’ denial of National Capital Presbytery’s petition to renew the nonimmigrant religious worker visa for one of its congregation’s ministers. They argue the denial violated the Religious Freedom Restoration Act and the Administrative Procedure Act. They also seek a writ of mandamus. Before the Court are the parties’ cross-motions for summary judgment. For the reasons explained below, the Court will grant both motions in part and deny them in part and remand the matter to the agency for further proceedings. Background A. Statutory and Regulatory Background “The Immigration and Nationality Act allows ministers and other religious workers to enter and stay in the United States under a non-immigrant visa, known as an R-1 visa, for up to five years.” Iglesia Pentecostal Casa de Dios Para Las Naciones, Inc. v. Duke, 718 F. App’x 646, 648 (10th Cir. 2017); see also 8 U.S.C. § 1101(a)(15)(R), (27)(C)(ii); 8 C.F.R. §§ 204.5(m), 214.2(r). “To obtain the visa, a religious organization seeking to hire and sponsor an R-1 1 Defendant Alejandro Mayorkas, who assumed office as Secretary of the Department of Homeland Security in February 2021, is automatically substituted for Kirstjen Nielsen under Federal Rule of Civil Procedure 25(d). CONFIDENTIAL DRAFT applicant petitions the United States Citizenship and Immigration Services (“USCIS”).” Iglesia Pentecostal, 718 F. App’x at 648. “The petitioner must: (1) establish that the R-1 applicant has been a member of the same denomination as the petitioner for at least two years preceding the petition . . . and (2) demonstrate its intention and ability to compensate the R-1 applicant.” Id. A petitioner can show how it intends to compensate an R-1 applicant by submitting several types of documents to USCIS. See 8 C.F.R. § 214.2(r)(11). The petitioner must “state how the petitioner intends to compensate the alien, including specific monetary or in-kind compensation, or whether the alien intends to be self-supporting. In either case, the petitioner must submit verifiable evidence explaining how the petitioner will compensate the alien.” Id. Evidence of compensation “may include past evidence of compensation for similar positions; budgets showing monies set aside for salaries, leases, etc.; verifiable documentation that room and board will be provided; or other evidence acceptable to USCIS.” Id. § 214(r)(11)(i). If the petitioner can submit IRS documents “such as IRS Form W-2 or certified tax returns,” it must do so. Id. If not, “the petitioner must submit an explanation for the absence of IRS documentation, along with comparable, verifiable documentation.” Id. The petitioner “must prove by a preponderance of evidence that he or she is eligible for the benefit sought.” Matter of Chawathe, 25 I & N. Dec. 369, 375 (2010). B. Procedural Background Presbyterian Church USA is the largest Presbyterian denomination in the United States. ECF No. 23-1 ¶ 1. The Church is divided into many regional presbyteries, which are subdivided into …
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