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The R-1 Visa allows religious workers to temporarily enter the United States in order to pursue their work for a period not to exceed 5 years.
In order to successfully qualify for this visa, the applicant must be a member of the sponsoring religious denomination for at least two years immediately preceding the application and (1) a minister; (2) a person working in a professional capacity in a religious vocation or occupation; or (3) a person who will work for a religious organization in a religious vocation or occupation.
Regulatory Definition:
A "minister" is an individual who [8 CFR §214.2(r)(3)]:
- Is fully authorized by a religious denomination, and fully trained according to the denomination's standards, to conduct religious worship and perform other duties usually performed by authorized members of the clergy of that denomination;
- Is not a lay preacher or person not authorized to perform duties usually performed by clergy;
- Performs activities with a rational relationship to the religious calling of the minister; and
- Works solely as a minister in the United States, which may include administrative duties incidental to the duties of a minister.
A "religious vocation" is defined [8 CFR §214.2(r)(3)]: A formal lifetime commitment, through vows, investitures, ceremonies, or similar indicia, to a religious way of life. The religious denomination must have a class of individuals (i.e., nuns, monks, etc.) whose lives are dedicated to religious practices and functions, as distinguished from the secular members of the religion.
A "religious occupation" must meet the following requirements [8 CFR §214.2(r)(3)]: The duties must primarily relate to the traditional religious function and be recognized as a religious occupation within the denomination.
The duties must primarily relate to, and must clearly involve, inculcating or carrying out the religious creed and beliefs of the denomination.
The duties do not include positions that are primarily administrative or support such as janitors, maintenance workers, clerical employees, fund raisers, persons solely involved in the solicitation of donations, or similar positions, although limited administrative duties that are only incidental to religious functions are permissible.
Religious study or training for religious work does not constitute a religious occupation, but a religious worker may pursue study or training incident to status.
How to Apply: If the applicant is already in the United States and wishes to change from his/her current non-immigrant visa status to the R-1 visa, the petitioner must submit and sign Form I-129 and the R-supplement form to USCIS for approval. If the petitioner is located outside the United States, s/he can apply at a US Consulate with the required evidence.
What documents and evidence to submit with your application:
1. Tax exempt status of the sponsoring religious group. Some of the types of documents are good evidence:
a. Currently valid determination letter from the IRS establishing that the petitioning organization is a tax-exempt organization; b. Group ruling if the petitioner is recognized under a group tax-exemption; OR c. If the petitioner is affiliated with the religious denomination then all of the following:
(i) currently valid determination letter from IRS; (ii) Documentation that establishes the religious nature and purpose of the organization; (iii) organizational literature; and (iv) Religious denomination certification.
2. Letter from the sponsoring organization that establishes the petitioner has been a member of the religious denomination for more than two years, as well as the petitioner's qualifications and how the petitioner is to be paid. The letter must additionally indicate the US organization's name, location, and contact information.
3. One recent passport photograph.
4. Copy of your passport that is valid for at least six months longer than your intended visit.
Dependents: The R-1 alien's spouse and unmarried minor children under the age of twenty-one may be granted derivative R-2 status to the enter the US, provided that the principal alien will be employed and residing primarily in the United States. R-2 dependents are not authorized to work while in the U.S., but may attend school.
Extensions: The R-1 alien's An R-1 nonimmigrant may be admitted for an initial period of up to 30 months. Extensions of up to 30 months may be granted as long as the total period of time spent does not exceed a maximum of five years (60 months). An extension beyond the 60 month time limit is not permitted unless the alien has resided and physically been present outside the United States for one year immediately preceding the filing of the extension.
The R-1 Visa allows religious workers to temporarily enter the United States in order to pursue their work for a period not to exceed 5 years.
In order to successfully qualify for this visa, the applicant must be a member of the sponsoring religious denomination for at least two year immediately preceding the application and (1) a minister; (2) a person working in a professional capacity in a religious vocation or occupation; or (3) a person who will work for a religious organization in a religious vocation or occupation.
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