VISA SPOTLIGHT: R-1 VISAS FOR RELIGIOUS WORKERS

The R-1 visa is a nonimmigrant visa that enables a religious worker to be employed by a nonprofit religious organization in the United States. The religious worker, who must have been a member of a recognized religious denomination for the two years immediately preceding the time of application, must be coming to work for that religious organization in the U.S. as a minister, in a professional capacity, or in a religious vocation or occupation.

In order to qualify for the R-1 visa, the sponsoring religious organization must be a "bona fide" religion. The Immigration and Naturalization Service defines a religious denomination as "a religious group or community of believers having some form of ecclesiastical government, a creed or statement of faith, some form of worship, a formal or informal code of doctrine and discipline, religious service and ceremonies, established places of religious worship, and religious congregations." The denomination must be eligible for U.S. tax exempt status for religious organizations.

In addition, the religious worker must show that he is coming to the United States for one of the following purposes:

1. To carry on the vocation of a minister of that religious denomination. A minister is defined as an individual authorized to conduct religious worship and all other duties usually performed by authorized members of the clergy of that religion. Therefore, a lay preacher who only conducts services would not be eligible for a R-1 visa as a minister;
2. To work in a professional capacity in a religious vocation or occupation. A professional position is one that requires, at a minimum, a bachelor's degree;
3. To work in a religious vocation or occupation. A religious vocation means a calling to religious life as indicated by the taking of vows. Examples include nuns and monks. A religious occupation should relate to a traditional religious function. Examples include liturgical workers, religious instructors, religious counselors, cantors, catechists, and religious broadcasters. Maintenance workers, clerks, or fundraisers would not be considered religious occupations.

Since the religious organization sponsors the employee for the R-1 visa, the religious worker will have to file a new petition if he changes employers. Nonprofit corporations which have an affiliation with a religious organization may also sponsor religious workers.

The visa is initially issued for a period of three years and may be extended for an additional two years. After the nonimmigrant has remained in the United States for five years, he must leave the U.S. for at least one year before he can apply again for R-1 status. The religious worker's spouse and children may accompany or follow to join him in R-2 status. However, as dependents, they are not eligible to work in the U.S.