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. |
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