-R Religious Workers

R-1 TEMPORARY VISA FOR MINISTERS & RELIGIOUS WORKERS

Purpose of the R Visa

The R-1 nonimmigrant visa allows a foreign national to work in the United States temporarily at least part-time as either a minister or in a religious vocation or occupation.

Qualifications for an R Visa:

Positions which qualify for an R1 visa are too numerous to list. Applicants should qualify for the visa as long as there is a religious component to the position.

The employer must be one of the following:

A non-profit religious organization in the U.S.;
A religious organization that is authorized by a group tax exemption holder to use its group tax exemption;
A non-profit organization that is affiliated with a religious denomination in the United States.

To qualify, the R-1 worker must:

Be coming to work solely: 1) as a minister, 2) in a religious vocation, or 3) in a religious occupation;
Have been a member of a qualifying religious denomination (which means one having a bona fide non-profit religious organization in the U.S.) for at least 2 years immediately before filing the petition.
Be coming to work at least part-time (an average of at least 20 hours per week);
Work for the employer who files the petition to classify the worker as an R-1 nonimmigrant; and,
Not work in any other capacity except as a religious worker (the worker will be out of status if he is he is compensated by a religious organization other than the petitioner).

The R-1 may:

Work for more than one qualifying employer as long as each files a petition.

To qualify as a Minister:

Fully authorized & trained in the religious denomination to conduct religious worship & perform other duties usually performed by clergy of denomination:
Is not a lay preacher or a person not authorized to perform clergy's duties;
Performs activities rationally related to being a minster; and,
Works solely as a minister in the US. which may include incidental administrative duties.

To qualify as a Religious Worker (performing in a religious vocation or occupation):

Member of a religious denomination for at least 2 years immediately preceding the time of application for admission that has a bona fide nonprofit religious organization in the U.S.;
Must be coming to perform in a religious vocation or occupation in either a professional or nonprofessional capacity.

Spouses & Children

The religious worker’s spouse and unmarried children under the age of 21 can apply for the R-2 classification. R-2 dependents are entitled to the same nonimmigrant classification and length of stay as the R-1.rovided that: 1) the spouse and unmarried minor children are accompanying or following to join the religious worker in the U.S., and 2) the R-1 will be employed and residing in the U.S.

An R-2 visa holder is not authorized to work based on this visa classification.
An R2 visa holder may change his or her status in the US.
An R2 visa holder may engage in full or part-time study.

definitions

'Religious Occupation'

Duties must primarily relate to:

i) a traditional religious function &be recognized as a religious occupation within the denomination;
ii) clearly involve inculcating or carrying out the religious creed a&nd beliefs of the denomination;
iii) not include position that are primarily administrative or support such as janitors, maintenance staff, clerical, fundraisers, etc., but may include religious positions that include incidental administrative duties; and,
iv) not be solely for religious study or training for religious work although not barred from such training or study.

'Religious Vocation'

'Religious Occupation'

A form of lifetime commitment through vows, investitures, ceremonies, or similar indicia to a religious way of life such as nuns, monks, & religious brothers and sisters. This involves being distinguished from secular members of the denomination.

'Religion Denominaton'

'Religious Occupation'

'Religion Denominaton'

A group or community of believers governed or administered under a common type of ecclesiastical government and includes one or more of the following:

i)) common place of worship;
ii) common doctrine;
iii) common services;
iv) common established place of worship; and,
v) comparable indicia.

5-year maximum Duration allowed

5-year Maximum Rule & Exceptions

The initial admission or change of astatus is limited to 30 months and may be extended for an additional 30 months up to 5 years.

The 5- year maximum applies unless:

Residing abroad & physically present outside the U.S. for one year
Person did not reside continually in U.S. and the employment is seasonal, intermittent, or less than 6 months per year
Person resides abroad but regularly commutes to the U.S.

Calculating & Recapturing Days

5-year Maximum Rule & Exceptions

The U.S. will count only the time spent physically in the U.S. in 'R' status toward the 5-year maximum.
Full calendar days spent outside the U.S. may be recaptured regardless of whether they currently hold R-1 status and the reason for the absence is not relevant.

R VISAS Religious Workers

R-1 TEMPORARY VISA FOR MINISTERS & RELIGIOUS WORKERS

Purpose of the R Visa

Qualifications for an R Visa:

Spouses & Children

definitions

'Religious Occupation'

'Religious Occupation'

'Religious Occupation'

'Religious Vocation'

'Religious Occupation'

'Religious Occupation'

'Religion Denominaton'

'Religious Occupation'

'Religion Denominaton'

5-year maximum Duration allowed

5-year Maximum Rule & Exceptions

5-year Maximum Rule & Exceptions

5-year Maximum Rule & Exceptions

Calculating & Recapturing Days

5-year Maximum Rule & Exceptions

5-year Maximum Rule & Exceptions