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R1 Visa Steps

The R-1 visa process involves several steps that must be completed by both the U.S.-based religious organization and the foreign national who will be working as a religious worker. Below is a comprehensive breakdown of the steps:

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1. Eligibility Check

Before starting the R-1 visa process, both the U.S. religious organization and the foreign worker must ensure they meet the eligibility requirements:

  • For the Religious Worker: The applicant must have been a member of the religious denomination for at least two years prior to applying and must work in a religious occupation, vocation, or ministry role.
  • For the Religious Organization: The U.S. religious organization must be a bona fide non-profit entity, either as a tax-exempt organization under U.S. tax law (501(c)(3)) or recognized by a religious denomination.

2. Petition Filing by the Religious Organization (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) on behalf of the foreign religious worker. The steps involved are:

  • Prepare Supporting Documents: Along with the Form I-129, the petitioning organization must submit supporting documents, which typically include:
    • Proof of the organization’s tax-exempt status.
    • Evidence that the foreign worker has been a member of the religious denomination for at least two years.
    • A detailed job offer that outlines the duties and religious nature of the position.
    • Proof that the organization can financially support the worker, if applicable.
  • Pay Filing Fees: The religious organization must pay the filing fee for Form I-129 when submitting the petition to USCIS.

3. USCIS Processing and Approval

After submitting Form I-129, USCIS will review the petition to ensure it meets all R-1 visa requirements. This stage involves:

  • Request for Evidence (RFE): If USCIS requires additional information or documentation, they may issue an RFE. The petitioning organization will have a deadline to submit the requested documents.
  • USCIS Approval: Once USCIS is satisfied with the petition, it will issue an approval notice, which allows the foreign religious worker to proceed with the visa application at a U.S. consulate or embassy.
  • Premium Processing Option: For faster processing, the petitioning organization can opt for premium processing, which expedites the review process to 15 calendar days.
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4. Consular Processing (for Applicants Outside the U.S.)

If the religious worker is outside the U.S., they must apply for an R-1 visa at a U.S. embassy or consulate. This step includes:

  • Form DS-160: The foreign worker must complete Form DS-160, the Online Nonimmigrant Visa Application. This form requires detailed personal, travel, and work information.
  • Pay Visa Fees: A non-refundable visa application fee must be paid before scheduling the visa interview.
  • Schedule a Visa Interview: Once the application is complete, the foreign worker must schedule an interview at the nearest U.S. embassy or consulate.

5. Attend Visa Interview

At the interview, the foreign religious worker will need to provide specific documents, including:

  • A valid passport.
  • The approved Form I-129.
  • The DS-160 confirmation page.
  • The visa application fee receipt.
  • Additional supporting documents, such as proof of religious membership or financial support from the religious organization.

During the interview, the consular officer will ask questions related to the applicant’s religious background, work responsibilities in the U.S., and intent to return to their home country after completing their religious work.

6. Visa Issuance

If the visa interview is successful, the R-1 visa will be issued, and the foreign worker can travel to the United States to work for the sponsoring religious organization. The visa is typically valid for an initial period of up to 30 months, with the possibility of an extension for an additional 30 months, making a total stay of 5 years.

7. Arrive in the U.S. and Begin Employment

Once the visa is issued, the religious worker can enter the U.S. using the R-1 visa and begin working for the petitioning religious organization. Upon entry, the worker will receive a Form I-94, the Arrival/Departure Record, which shows their authorized period of stay.

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Apply for a Social Security Number (SSN)

To legally work in the U.S., the R-1 visa holder will need to apply for a Social Security Number (SSN). They can apply for this by visiting a local Social Security Administration (SSA) office with the following documents:

  • Passport.
  • Visa.
  • Form I-94.
  • Form I-797 (R-1 visa approval notice).

Once the SSN is issued, the religious worker can start receiving wages, paying taxes, and accessing certain public services.

9. Visa Extensions and Changes

If the R-1 worker needs to extend their stay beyond the initial 30-month period, the sponsoring organization must file for an extension of stay with USCIS using Form I-129 before the visa expires. The worker can request an extension for up to an additional 30 months, but the total stay on an R-1 visa cannot exceed 5 years.

If the worker wishes to change their visa status (for example, to a permanent resident status), they can do so by filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, after meeting the necessary eligibility requirements.

Key Points to Note:

  • R-1 visa holders can travel in and out of the U.S. during the visa validity period.
  • The R-1 visa is employer-specific, meaning the visa holder can only work for the petitioning religious organization.
  • The R-1 visa holder’s spouse and children may apply for R-2 visas to accompany them to the U.S. but are not allowed to work under the R-2 visa.
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