Are you a religious worker? The R-1 visa is a temporary nonimmigrant work visa that allows foreign nationals to enter the U.S. for religious occupations. If you are considering applying for an R-1 visa, it’s in your best interest to contact an adept Essex County Immigration Attorney who can help guide you through each phase of the process ahead.
Who Qualifies for an R-1 Visa?
R-1 visas are reserved for those who have been bona fide religious denomination members for at least two years and have a job offer in the U.S. to work for an affiliate of that same religious organization. The position’s duties must also be at least 20 hours per week. The R-1 visa is not a self-petitioning visa. Instead, the U.S. employer must request that you come to the U.S. to work. To be eligible to file petitions for R-1 visas, an organization must fall into one of the following categories:
- A non-profit religious organization in the U.S.
- A religious organization authorized as a group tax exemption holder
- A non-profit affiliated with a religious denomination in the U.S.
It’s important to understand that R-1 visas are solely designated for religious workers performing labor directly connected to a church or religious organization’s core spiritual activities. Therefore, the job must be religious, not secular, such as a minister, nun, priest, or monk. This means that R-1 visas are unavailable for volunteers, as the individual must be doing paid work.
How to Apply?
First, the religious employer sponsoring you must complete Form I-129, Petition for a Nonimmigrant Worker, pay the $460 filing fee, and provide proof of tax exemption. When the United States Citizenship and Immigration Services (USCIS) receives this petition, they will conduct an on-site visit to verify the relationship between the employer and the religious denomination.
After the employer receives approval, the foreign national must submit Form DS-160, Online Nonimmigrant Visa Application. Typically, there is no filing fee. The individual will then have to undergo an interview with an official at the U.S. embassy or consultant in their home country.
Do My Dependents Qualify?
If you have dependents, such as a spouse or unmarried children under 21, they can accompany you to the U.S. as they are eligible to apply for the R-2 visa. The initial stay for these visas is 30 months, and the maximum stay is five years.
If you plan on applying for an R-1 visa, please don’t hesitate to contact a skilled attorney from The Law Offices of Christopher T. Howell, Esq., who can help guide you through each step of this complex legal process.
