The R-1 visa is designed for foreign nationals who come to the United States to work in a religious capacity. It allows religious workers, including ministers, clergy, missionaries, and others engaged in religious duties, to live and work in the U.S. for a qualifying non-profit religious organization. However, what happens if an R-1 visa holder needs to change employers or move to a different religious organization? In such cases, the process is called an R-1 visa transfer.
This article explains everything you need to know about the R-1 visa transfer process in simple terms, helping religious workers and their organizations understand how it works and what steps to follow.
What is an R-1 Visa Transfer?
An R-1 visa transfer occurs when a religious worker who is already in the U.S. on an R-1 visa wants to switch employers or work for a different religious organization. The transfer allows the visa holder to continue their religious work in the U.S. without having to leave the country and reapply for a new R-1 visa.
The process is similar to applying for the original R-1 visa but involves notifying U.S. Citizenship and Immigration Services (USCIS) about the change in employer.
Common Reasons for R-1 Visa Transfers
- Moving to a new religious organization for a better opportunity.
- Relocating to a different location for a specific religious mission.
- The original religious employer is unable to continue employment due to financial or other reasons.
- Expanding the scope of religious work by joining an organization that is more aligned with the visa holder’s faith or mission.
Can You Transfer Your R-1 Visa to a New Employer?
Yes, you can transfer your R-1 visa to a new religious employer, but you must follow the proper procedures to ensure that the transfer is approved by USCIS. Without approval, working for a new religious organization could result in the violation of your visa terms and could lead to issues with your immigration status.
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Requirements for an R-1 Visa Transfer
To transfer your R-1 visa to a new employer, both you (the visa holder) and your new employer must meet certain requirements. These include:
1. The New Employer Must Be a Qualifying Religious Organization
Your new employer must be a non-profit religious organization in the U.S. that is either:
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- Exempt from taxation under U.S. tax laws, or
- Able to prove that they are affiliated with a religious denomination and operate as a non-profit religious organization.
This means the organization must be dedicated to religious worship or teaching and cannot be a for-profit business.
2. The Job Position Must Be Religious in Nature
The position you are transferring to must involve religious duties. This can include roles such as ministers, missionaries, religious teachers, or other religious workers who perform a religious function. The job must be related to your religious faith and the organization’s mission.
3. Prove Continuous Religious Employment
You must show that you have been working in a religious capacity for at least two years before the transfer, either in the U.S. or in another country.
4. New Employer Must File a Petition
To start the transfer process, the new religious employer must file a Form I-129 (Petition for a Nonimmigrant Worker) on your behalf. This form must include information about the new religious organization, details about the job, and proof that the organization is a qualifying religious employer.
How to Transfer an R-1 Visa: Step-by-Step Process
Step 1: Find a New Religious Employer
The first step is to secure a new job offer from a qualifying religious organization in the U.S. This employer must be willing to sponsor you for the R-1 visa transfer and complete the necessary paperwork.
Step 2: New Employer Files Form I-129
Your new employer must file Form I-129 with USCIS. This form serves as a petition to request permission for you to work for the new religious organization. Along with the form, the employer must submit supporting documentation that proves their status as a non-profit religious organization and details about the job you will be performing.
Required Documents to File Form I-129:
- Proof of non-profit status (e.g., IRS 501(c)(3) letter)
- Evidence of affiliation with a religious denomination, if applicable
- Job offer letter that outlines your duties, salary, and job responsibilities
- Your resume and qualifications as a religious worker
- Proof of two years of religious work experience
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Step 3: Continue Working with Your Current Employer (If Applicable)
In most cases, you can continue working for your current religious employer while the transfer is being processed. However, you cannot start working for the new employer until USCIS approves the transfer request.
Step 4: Wait for USCIS Approval
Once USCIS receives Form I-129 and the supporting documents, they will review the petition. The processing time for an R-1 visa transfer can vary but typically takes several months. In some cases, employers can request premium processing (if available), which speeds up the process for an additional fee.
Step 5: Begin Working with Your New Employer
Once USCIS approves the transfer, you will receive an approval notice. You can now legally start working for your new religious employer. The terms of your R-1 visa remain the same, meaning you can continue to work in the U.S. under the new employer for the duration of your visa.
What Happens If You Change Employers Without Approval?
If you change employers without getting the proper approval from USCIS, you will be in violation of your R-1 visa status. This could result in the termination of your visa, and you could be required to leave the U.S. It could also make it more difficult to apply for future visas or extend your stay in the country.
Therefore, it’s crucial to follow the correct procedures and wait for USCIS approval before starting work with your new employer.
Can You Transfer an R-1 Visa to a Different Visa Type?
Yes, if you no longer wish to remain in the U.S. under an R-1 visa, you can transfer to a different type of visa, such as:
- H-1B (Specialty Occupation Visa): If you qualify for a job that requires a high level of education or specialized skills, you may be able to transfer to an H-1B visa.
- O-1 (Extraordinary Ability Visa): If you possess extraordinary abilities in fields like arts, science, or education, you could transfer to an O-1 visa.
- Green Card (Permanent Residency): Religious workers may also be eligible to apply for a green card (permanent residency) after meeting specific requirements.
The process of switching to a different visa category involves filing a new petition and meeting the eligibility criteria for that visa type.
For more information, you can speak to Happy Face
R-1 Visa Transfer Fees
There are several costs associated with an R-1 visa transfer:
- Form I-129 filing fee: This is the fee for your new employer to submit Form I-129 on your behalf. As of 2023, the filing fee is approximately $460.
- Premium processing fee: If premium processing is available, your employer can pay an additional fee to expedite the transfer request.
- Attorney fees: If you or your employer hires an immigration attorney to help with the transfer, additional legal fees may apply.
Transferring your R-1 visa to a new religious employer is possible but requires careful attention to the rules and procedures set by USCIS. The new employer must file Form I-129, and you must meet specific requirements regarding your religious work and the organization you are transferring to. The transfer process ensures that religious workers can continue their mission in the U.S. without disrupting their immigration status.
If you are unsure about the transfer process or have questions about your eligibility, it’s always a good idea to consult with an immigration attorney or a trusted advisor who specializes in religious visas. This will help ensure that the transfer is smooth and successful.
For more information, you can speak to Happy Face
