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CONGRESS APPEARS SET TO EXTEND RELIGIOUS WORKER, AU PAIR AND VISA WAIVER PROGRAMS
On September 30th, the Congressional authorization for programs allowing certain religious workers to immigrate, authorizing the J-1 au pair program and allowing tourists from certain countries to travel to the US without receiving a visa expired.
Both Houses of Congress have approved legislation to continue the Au Pair program, but the legislative process is not yet complete. Consequently, the State Department has ordered its posts to cease processing on au pair cases. Persons holding J-1 visas for au pair programs who have not yet entered the US will be permitted to enter the US in parole status until the legislation passes.
The Senate and House have also approved S. 1198, a measure to extend the religious worker category for three more years. The House and Senate have agreed on a final version in a conference committee and on October 2nd the final bill was presented to the President for signature.
Because no bill has been signed extending the religious worker category, the INS is expected to hold pending religious worker petitions for 60 days after the September 30 sunset. 
Only the Senate has approved a bill to extend the Visa Waiver Pilot Program allowing tourists to visit the US without a visa. S. 1178 passed the Senate on September 26th. However, the VWPP was approved for a three week extension as part of the continuing resolution reported above that is keeping Section 245i going.
The State Department has sent out a memorandum to all diplomatic and consular posts indicating that, with INS concurrence, the VWPP will continue without interruption during any brief disruptions while Congress decides on the extension. The memorandum does not state how long such a temporary continuance of the program would continue.
The INS has also issued a new regulation covering the Visa Waiver Pilot Program. The new rule eliminates probationary status for countries seeking to enter the program, makes Ireland a permanent VWPP country and adds Slovenia to the VWPP list.
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