THE ABC'S OF IMMIGRATION  - R-1 RELIGIOUS WORKER VISAS

Religious workers seeking to enter the US to pursue work in their field are likely to enter using the R nonimmigrant visa .  To qualify for an R visa the applicant must be

• A minister,
• A person working in a professional capacity in a religious occupation or vocation, or
• A person who works for a religious organization or an affiliate in a religious occupation who has been a member of the religious group for at least the two years immediately preceding the application.

This is an unusual category in that if the applicant is outside the US, they can apply for an R-1 visa without prior INS approval.  The applicant can go to the appropriate consulate and present the required evidence and be issued the visa on the spot. 

Among the most important evidence that must be presented by the applicant is documentation of the sponsoring religious group’s tax exempt status in the US as well as a letter from the organization that will employ the R-1 visa holder.  This letter should outline the applicant’s two-year minimum membership, including where that membership occurred, in or out of the US.  It should also include a statement that the foreign-based religious group and the US based religious group for which the applicant will work belong to the same denomination.  It must state the name and location of the organization in the US for which the applicant will work.  Finally, it should outline the applicant’s qualifications and salary.

If a person is in the US and wishes to change from one nonimmigrant category to  R-1 status, an application must be made with the INS.  This is done on Form I-129.  Also, extensions of stay in R-1 status are made on this form. 

The maximum stay in R-1 status is 5 years.  A person can obtain R-1 status again after remaining outside the US for one year before making another application.  Spouses and children of R-1 nonimmigrants and classified as R-2. They are not permitted to work unless they have their own work visas.