Points Concerning
The "R-1" Visa
The R-1 visa is a non-immigrant category designated for a religious
worker to perform temporary services for a religious organization. The
following is an indication of what is required to obtain an R-1 visa.
1. An R-1 worker need not
have performed any work on behalf of the religious denomination but
must have been a member of the qualifying organization for the immediate
preceding two years and must be qualified to perform the duties of a
religious worker.
2. There are three categories
of religious workers: (a) a minister, priest or rabbi, meaning an individual
authorized to conduct religious worship; (b) a religious professional,
meaning an individual who has at least a baccalaureate degree which
is needed to perform his duties (i.e. director of religious education
or a principal of parochial school); (c) a person who works in a religious
occupation or vocation which relates to traditional religious functions,
meaning the job needs to have religious significance (e.g. a religious
instructor or a religious counselor).
3. No actual petition to
the USCIS is required for an R-1 worker. The applicant may make the
application directly to the US consulate or to the USCIS. The R-1 visa
does not require prior USCIS approval.
4. The period of admission
will be for an initial period of three years, with maximum stay in a
non-immigrant category not to exceed five years.
5. There is no application
form, except when applying to USCIS for a change of status. At the consulate,
a letter from the organization which will be using the applicant's services
will suffice as the application. On the other hand, if the candidate
is in the United States, a change of status application must be made
to the USCIS enclosing the supporting letter and documentation.
6. The letter must be accompanied
by a tax-exempt certificate of the organization and evidence of the
applicant's ability to perform the services indicated, such as diplomas,
etc.
7. The letter must establish:
(a) that the denomination has a bonafide non-profit organization in
the US; (b) if the applicant's membership for two years was in and out
of the US, that the overseas organization and the US organization belong
to the same denomination; (c) that immediately prior to the application,
the applicant was a member of the denomination for two years; (d) if
a minister, that the applicant is authorized to conduct religious worship;
(e) if a religious professional, that the position requires a bachelors
degree; (f) if another religious occupation or vocation, that the applicant
is qualified for the position offered; (g) if the applicant will be
working for an affiliate organization, proof of that affiliation; (h)
the details as to remuneration or if the applicant will be employed
on a volunteer basis; and (i) the name and location of the specific
organization which will serve as the sponsoring institution.
In summary, the R-1 visa
category offers individuals with a religious background and
others great opportunities to work and reside in the United States,
but the religious occupation must relate to a traditional religious
function. Examples of persons in religious occupations include, but
are not limited to, liturgical workers, religious instructors, religious
counselors, cantors, catechists, workers in religious hospitals or religious
health care facilities, missionaries, religious translators, or religious
broadcasters. This group does not include janitors, maintenance workers,
clerks, fund raisers, or persons involved solely in the solicitation
of donations.
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