R-1 Religious Worker Visa

The R-1 Visa allows religious workers to temporarily enter the US, for a period of up to five years, in order to pursue their work.

 

 

To qualify for an R-1 visa, the applicant must be a member of the sponsoring religious denomination for at least two years immediately preceding the application, and one of the following:

 

a)      a minister; or

b)      a person working in a professional capacity in a religious vocation or occupation; or

c)      a person who will work for a religious organization in a religious vocation or occupation.

 

A religious “vocation” is defined as a “calling to religious life” and is based on a lifelong commitment to the religious denomination. Examples include: nuns, monks, religious brothers and sisters.   “Religious occupations” are characterized by activities relating to traditional religious functions.  Examples include: cantors, liturgical workers, religious translators, missionaries, workers in religious hospitals (but only if they are not performing lay work; therefore nurses are ineligible). Maintenance workers, clerks, and fundraisers working for religious organizations are ineligible for R-1 visas. However, an R-1 applicant need not have prior experience as a religious worker.

 

 

If the applicant is outside the US, the applicant can apply directly at a US consulate and, with presentation of the required evidence, can be granted a visa on-the-spot without prior USCIS approval. 

 

If the applicant is already in the US and wishes to change status from one nonimmigrant visa to an R-1 visa, Form I-129 and the R-supplement need to be submitted to the USCIS for approval.

 

To obtain an R-1 Visa, the applicant must present the following evidence:

 

1)      Tax exempt status of the sponsoring religious group or evidence of the group’s eligibility to receive tax exempt status in the US. The sponsoring religious group must have a bona fide non-profit religious organization in the US. 

2)      A letter from the sponsoring organization establishing that the applicant has been a member of the religious denomination for more than two years. If the membership was maintained in whole or part outside the U.S., the letter must establish that the foreign and U.S. religious organizations belong to the same religious denomination. The letter must also establish the name and location of the U.S. organization and the applicant’s qualifications and remuneration.

 

The spouse or child of an R-1 nonimmigrant may apply for R-2 visas. They are not permitted to work on R-2 visas but may attend school.

 

 

The Department of Homeland Security has become increasingly concerned about religious worker visa fraud and is restricting which institutions are eligible to apply for R-1 visas. If you are seeking an R-1 visa, the experienced legal team at White & Associates can help you with the application process.  Please feel free to contact us.