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Who Is Eligible For R1 Visa

To be eligible for an R1 visa, applicants must meet specific requirements related to their religious background, the type of work they will be performing in the U.S., and the sponsoring organization. The R1 visa is intended for foreign nationals coming to the U.S. to work temporarily in a religious capacity. Below are the key eligibility criteria for the R1 visa:

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1. Religious Occupation or Vocation

The applicant must be coming to the U.S. to work in a religious occupation or religious vocation. This includes both clergy and non-clergy religious workers who perform duties associated with a religious denomination.

Religious Occupation

A religious occupation refers to a job that is religious in nature and directly relates to the beliefs of the organization. Examples of religious occupations include:

  • Ministers or Clergy: Individuals authorized to conduct religious worship and perform other duties traditionally associated with clergy roles (e.g., priests, rabbis, pastors, imams).
  • Religious Instructors or Teachers: Individuals teaching religious doctrine or leading religious education.
  • Missionaries: Those involved in proselytizing or other religious outreach activities.
  • Religious Counselors: Individuals providing spiritual counseling or guidance.
  • Worship Leaders or Choir Directors: Individuals leading religious worship or music in a religious setting.
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Religious Vocation

A religious vocation refers to individuals who have made a lifelong commitment to a religious way of life, such as:

  • Monks: Individuals who have taken religious vows and live in a monastic community.
  • Nuns: Members of religious orders who have taken vows of poverty, chastity, and obedience.
  • Brothers or Sisters in Religious Orders: Those who have committed themselves to a religious calling and live according to the practices of their faith.

2. Member of the Same Religious Denomination

The applicant must have been a member of the same religious denomination as the sponsoring organization for at least two years immediately preceding the application. This means that the applicant must have practiced the same faith and been affiliated with the same religious community as the U.S. organization sponsoring their visa.

3. Employment with a U.S. Nonprofit Religious Organization

The applicant must be coming to the U.S. to work for a nonprofit religious organization that is tax-exempt under Section 501(c)(3) of the Internal Revenue Code. The religious organization must be recognized as a legitimate religious entity in the U.S. and must petition for the applicant by filing Form I-129 (Petition for Nonimmigrant Worker).

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4. Intent to Work Temporarily in a Religious Role

The R1 visa is a temporary, nonimmigrant visa, so the applicant must intend to work in the U.S. for a temporary period. Initially, the visa is granted for a period of up to 30 months (2.5 years), with the possibility of extension for an additional 30 months, allowing for a maximum stay of 5 years.

5. Full-Time or Part-Time Religious Work

To qualify for the R1 visa, the applicant must be employed in religious work that involves at least 20 hours per week. The employment must be continuous and directly related to the religious duties outlined by the sponsoring organization.

6. Religious Background

The applicant must have a formal religious background that aligns with the role they will perform in the U.S. This background could include:

  • Religious Training: Formal religious education, theological studies, or ordination in the religious tradition.
  • Experience: Prior experience in a religious occupation or involvement in religious activities in their home country.

7. Ability to Perform Religious Duties

The applicant must demonstrate that they are qualified to perform the religious duties required for the position. This could involve:

  • Evidence of Ordination: For clergy roles, the applicant may need to show proof of ordination or certification as a religious minister.
  • Religious Work Experience: Providing documentation of prior religious work experience, such as letters from religious organizations, could be necessary.

8. Sponsorship by a Qualified U.S. Religious Organization

The U.S. religious organization sponsoring the R1 visa applicant must:

  • Be a nonprofit religious organization.
  • Be recognized as tax-exempt under U.S. law.
  • Prove that they can financially support the applicant.
  • File a petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS) on behalf of the applicant.

9. Dual Intent

Unlike some nonimmigrant visas, the R1 visa allows for dual intent. This means that an R1 visa holder can apply for permanent residency (a green card) while in the U.S. without jeopardizing their R1 status.

10. Dependents (R2 Visa Eligibility)

R1 visa holders may bring their spouse and unmarried children under the age of 21 to the U.S. on R2 visas. However, R2 visa holders are not allowed to work in the U.S., but they can attend school or college.

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