Foreign nationals looking for temporary work in the United States have many visa options available to them, but what about religious workers? If you’re a member of a religious denomination and are looking for an occupation in the US, then the R-1 visa may be right for you. Make sure you understand the definition of an R-1, the eligibility requirements, and the application process before you start filing your petition.
What is it?
As the name suggests, the R-1 Visa for Temporary Nonimmigrant Religious Workers is designed to help international religious workers stay in the US on a temporary basis. The occupation or vocation you’re after must entail at least 20 hours of work per week. The R-1 grants nonimmigrant status to those seeking work within a US non-profit religious organization, a tax-exempt religious organization, or a non-profit organization linked to a recognized religious denomination in the US.
Who qualifies?
Before filing their petition, applicants should have at least two years of membership with a religious denomination that has a genuine, non-profit organization within the United States. A “religious worker” also has specific duties. USCIS explains that religious workers dedicate their lives to religious practices and functions, unlike secular members of the religion. For example, if your job is to raise funds for a religious organization, you would not qualify because the duties themselves are not religious in nature. If you are a minister or someone whose job involves carrying out the religion’s beliefs, creed, and worship practices, then you are more likely to qualify. While there is no defined standard for the certification or training you need, you will have to show that you are qualified to perform your duties in the US.
Examples of qualifying occupations:
- Cantors
- Liturgical Workers
- Ministers
- Missionaries
- Ordained Deacons
- Priests
- Rabbis
- Religious Counselors
- Religious Instructors
- Salaried Buddhist Monks
- Workers in Religious Health Care Facilities
How do you obtain it?
Your US employer must file a form on your behalf. USCIS will review this petition to make sure you and your employer meet the eligibility requirements. Your employer, the petitioner, will have to show that the religious organization matches the standard definition, prove that you will be compensated for your work (either with a salary or otherwise), and provide any necessary IRS documentation. As the beneficiary, you will need to prove your membership in the religious denomination. If you’re applying for an extension to previous R-1 employment, you’ll also have to provide some documents related to your compensation and qualifications as a religious worker. Once the petition is approved, the consular post can then decide whether you can receive the R-1 visa.
What else?
USCIS has a right to conduct an inspection before your petition is approved, and even afterwards in cases of suspected fraud or substantial changes. Once your application is approved and your R-1 status is granted, you can stay in the country for up to 30 months. You can later apply for an extension of another 30 months, but your total stay in the US (that is, time spent physically present in the country) cannot exceed 5 years. Your spouse and unmarried children under 21 can apply for an R-2 visa in order to accompany you.
The R-1 nonimmigrant visa can be complicated when it comes to figuring out whether you’re eligible, how to prove it, and how you file the petition. You should consider calling an attorney who has extensive knowledge of the immigration system. Contact Sánchez-Roig Law Firm, P.A. to get the knowledgeable legal counsel you need to file your petition with confidence.
