## Facts

- The respondent, a native and citizen of Guyana, was admitted to the United States as a nonimmigrant visitor and remained longer than authorized.
- He became a missionary for the Unification Church and performed street and seminar teaching, distributed literature, visited churches, and raised funds for the church.
- His fundraising included selling items such as toys, jewelry, and trinkets, with proceeds turned over to the church.
- In exchange for his missionary work, the church provided housing, food, clothing, medical expenses, transportation, entertainment, other personal expenses, and a small monthly allowance.
- The government charged him as removable for overstaying under INA § 241(a)(2).
- The immigration judge found him removable, denied adjustment of status under INA § 245 based on unauthorized employment, and granted voluntary departure.
- The respondent conceded removability but appealed the denial of adjustment, arguing his church activities were not “employment” for INA § 245(c)(2).

## Issues

1. Whether missionary fundraising that includes selling goods, performed in exchange for full church support, constitutes “employment” under INA § 245(c)(2).
2. If so, whether performing that work without immigration authorization renders the respondent statutorily ineligible for adjustment of status.

## Decision

- The Board of Immigration Appeals dismissed the appeal.
- The Board held the respondent’s fundraising activities constituted “employment” within the meaning of INA § 245(c)(2).
- Because the respondent performed that employment without permission, INA § 245(c)(2) barred adjustment of status.
- The immigration judge’s grant of voluntary departure remained in effect.

## Legal Principles

- For INA § 245(c)(2), “employment” includes structured, productive services performed in exchange for material support, even without a conventional salary and even when religiously motivated.
- A person receiving full support in return for duties is not treated as an unpaid volunteer for purposes of the adjustment bar.
- The adjustment bar is not limited to cases where Congress’s purpose can be shown to be solely (or primarily) protection of U.S. workers; absent clear statutory limitation, the bar applies as written.
- Fundraising through sales of goods may implicate labor-market concerns because it can compete with secular sellers and enterprises.
- Classifying religious-worker activities as “employment” for immigration eligibility is a secular determination about statutory benefits, distinct from a religious organization’s authority to define internal roles and duties.

## Conclusion

The Board concluded that a visitor who engaged in church fundraising by selling goods in exchange for full living support was “employed” under INA § 245(c)(2); because the work was unauthorized, the respondent was statutorily barred from adjusting status and remained limited to voluntary departure.


In re Hall, 18 I. & N. Dec. 203 (B.I.A. 1982)