The R-1 visa allows foreign nationals to come to the USA to work in religious roles for a qualifying U.S.-based religious organization. It is designed specifically for individuals who perform duties as ministers or in religious vocations or occupations. Here’s a breakdown of the R-1 visa process, requirements, and how to apply:
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1. Eligibility Criteria
To qualify for an R-1 visa, both the applicant and the sponsoring organization must meet specific requirements:
- Religious Organization: The sponsoring organization must be a bona fide, nonprofit religious organization in the U.S. and recognized as tax-exempt under U.S. law (IRS section 501(c)(3)).
- Position: The job position must be in a religious vocation or occupation, such as a minister, religious teacher, or missionary. The applicant must be coming to the U.S. to work at least part-time (an average of 20 hours per week) in this role.
- Membership Requirement: The applicant must have been a member of the religious denomination for at least two years immediately prior to applying for the R-1 visa.
2. Eligible Roles for R-1 Visa
The R-1 visa covers a variety of religious positions, including but not limited to:
- Ministers or pastors.
- Religious workers performing a traditional religious function.
- Priests, rabbis, imams, and other clergy.
- Religious instructors and counselors.
- Liturgical workers, missionaries, and religious translators.
- Individuals working in religious hospitals or non-profit organizations with a religious focus.
3. Application Process
To apply for an R-1 visa, both the religious organization and the applicant need to go through the following steps:
Step 1: Employer Petition (Form I-129)
- The U.S.-based religious organization must file Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS). This form must include documentation proving the organization’s religious nature, tax-exempt status, and the applicant’s qualifications for the religious role.
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Step 2: Documentation for the Petition
The petition must include:
- Proof of the religious organization’s tax-exempt status (IRS 501(c)(3) certificate).
- A description of the applicant’s religious role and qualifications.
- Proof that the applicant has been a member of the religious denomination for the past two years.
Step 3: R-1 Visa Application
- Once the Form I-129 is approved, the applicant will need to apply for the R-1 visa at a U.S. consulate or embassy in their home country. This involves completing Form DS-160, paying the visa fee, and scheduling a visa interview.
Step 4: Visa Interview
- During the interview, the applicant must provide all required documentation, including proof of their religious employment, organization membership, and financial support during their stay in the U.S.
4. Duration of Stay
- Initially, the R-1 visa is granted for up to 30 months (2.5 years). It can be extended for an additional 30 months, bringing the total maximum stay to five years. After this period, the individual must leave the U.S. unless they qualify for a different visa or apply for permanent residency.
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ging Dependents (R-2 Visa)
- R-1 visa holders can bring their spouse and unmarried children under the age of 21 to the U.S. under an R-2 visa. However, dependents cannot work while in the U.S., although they can study.
6. Pathway to Green Card (Permanent Residency)
- Religious workers on an R-1 visa may be eligible to apply for a Green Card (permanent residency) through the EB-4 visa category for special immigrants, including religious workers. This involves filing Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant), and once approved, applying for Adjustment of Status (Form I-485) or through consular processing.
7. Important Considerations
- Dual Intent: The R-1 visa is not officially a dual-intent visa, meaning applicants should not show the intent to immigrate permanently when applying for it. However, it is possible to adjust from R-1 to a Green Card later.
- Multiple Entry: The R-1 visa is typically multiple entry, meaning the holder can travel in and out of the U.S. during the visa’s validity period.
The R-1 visa offers religious workers a pathway to work in the U.S. in recognized religious occupations. By following the appropriate steps, including sponsorship from a qualifying religious organization, religious professionals can apply to live and work in the U.S. for up to five years, with the potential to transition to permanent residency in some cases.