Religious Worker Visa

 

Non-Immigrant Visa for Religious Workers (R-1 Visa):

A job qualifying as a “religious vocation” and, in turn, qualifies for the R-1 visa includes ministers of religion who are authorized by a recognized denomination to conduct religious worship and perform other duties usually performed by members of the clergy. The activity of an R-1 applicant must relate to a traditional religious function: it must embody the tenets of the religion and have religious significance, relating primarily, if not exclusively, to matters of the spirit as they apply to the religion. Examples of qualified R-1 religious workers might include pastors, priests, rabbis, ministers, or religious instructors. In addition, jobs qualifying for R-1 visas include those who will be actively involved in the religious functioning of the organization. It does not include janitors, maintenance workers, clerks, fund raisers, solicitors of donations, or similar occupations.

Qualifying for a religious worker visa requires membership in a religious denomination, with a bona fide nonprofit religious organization in the United States, for the two years immediately preceding the time of application. Bona fide religious organizations in the United States must have tax exempt status as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986. You must plan to work in a professional capacity in a religious vocation. Qualified R-1 applicants will receive a visa valid for three years and can renew their status after that period expires. However, you may not remain in the United States on an R visa for more than five years.

Immediate Family Members of R-1 Visa Holders (R-2 Visa):

Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative R-2 visas. Spouses and children of R visa holders may study in private or public schools in the United States on an R-2 visa. However, spouses on R-2 visas may not work. If a spouse on an R-2 visa is seeking employment, he or she must seek the appropriate work visa to do so. The principal R-1 visa applicant must prove the ability to support the family financially while in the U.S.

 

This information does not constitute legal advice.
Consult an attorney for the analysis of your case.