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R-1 Nonimmigrant Religious Workers | USCIS

Descripción general:

  1. Introduction to the R-1 visa
  2. R-1 visa benefits
  3. R-1 visa requirements
  4. R-1 visa process
  5. R-1 employment
  6. R-1 adjustment of status

1. Introduction to the R-1 visa

The R-1 visa allows people to come to the United States to pursue their religious vocation, religious employment, or ministry. These categories have certain criteria that must be met.

Those seeking a religious vocation, for example, may be nuns, priests, or those who accept a lifetime vow.

Those pursuing religious jobs must be those doing religious tasks that deal with traditional religious activities and are fundamentally related to the faith.

Finally, people seeking to become ministers must be trained clergy, function as ministers, and execute ministerial tasks.

The religious denomination and organization must be legitimate.

2. R-1 visa benefits

These are the benefits of the R-1 visa:

You can bring immediate family members

A person with an R-1 visa may bring their spouse and children under R-2 status. They are not permitted to work in the United States. They must be visiting the United States to accompany the R-1 holder.

You can live in the United States

A person with an R-1 visa status can stay in the United States for up to 5 years.

You can work in a religious organization as a non-professional

Those seeking religious jobs do not need a degree. Their employment must only consist of conventional religious functions.

Dual Intent Visa

The R-1 visa is a dual-purpose visa that permits applicants to apply for green card status if they like.

3. R-1 visa requirement

These are the requirements for an R-1 visa:

Be a member of a religious denomination

– Being a member of a religious denomination for at least two years before the time the application is filed is one of the major requirements for the R-1 visa.

– The religious denomination must be a legitimate nonprofit entity free from taxation under Section 501 of the Internal Revenue Code of 1986. They must receive a letter from the IRS declaring that they are tax-exempt.

Be a religious worker coming to work

– Religious employees must work at least 20 hours per week on a part-time basis.

Alternatively, a minister may come to work to conduct a religious vocation or career. A minister is someone who has been given complete power by a religious denomination. They must be adequately trained to conduct religious worship and other responsibilities normally performed by clergy.

Must be petitioned for

The R-1 visa is not available for self-petitioning. You must be invited to work in the United States by someone. They would complete Form I-129.

Can be petitioned for by multiple employers

You can work for many qualified employers on an R-1 visa if each employer submits a separate petition with the required documents to USCIS.

4. R-1 visa process

The R-1 visa application procedure begins with the filing of Form I-129, Petition for Nonimmigrant Worker, by the U.S. company. An I-129 approval from USCIS is required to get an R-1 visa at U.S. Embassy or Consulate.

The following may need to be included with your petition:

  • A letter of recommendation
  • A job description and responsibility chart with % time split for certain responsibilities
  • A recent and valid IRS decision letter demonstrating that the group is tax-exempt.
  • Compensation documentation
  • Self-sufficiency will only be considered for selected nonimmigrant missionaries
  • Evidence of compensatory funds. The organization must explain how the position will be rewarded by prior records, budgets, and so on.
  • Documentation confirming the religious nature and aim of the organization. Books, brochures, flyers, and other religious materials are examples of such proof.

If the religious worker will be self-supporting, the following evidence may need to be provided:

  • Evidence that the post is part of the denomination’s established worldwide missionary program.
  • Previous R-1 recipients
  • Evidence that missionary workers have traditionally received no compensation
  • Proof of formal missionary training
  • Evidence that such missionary labor is part of this denomination’s religious growth
  • Description of obligations and responsibilities
  • Bank records and other financial papers demonstrating sources of financing for religious workers

The beneficiary’s eligibility for the R-1 visa will be next determined by the consulate or embassy. However, when it comes to permitting recipients into the country, Customs, and Border Patrol will retain final power.

5. R-1 duration of stay

R-1 holders may request for an extension of status or readmission under R-1 status for up to 30 months. Provided their stay does not exceed 5 years. Following the approval of the extension, R-2 dependents must complete Form I-539, Application to Extend/Change Nonimmigrant status.

To be eligible to return to the United States after spending the full five years in the country, the R-1 worker must spend at least one year outside the country.

R-1 visa holders who do not live continuously in the United States, who live overseas and commute to the United States, or whose job is seasonal, intermittent, or for less than six months per year are exempt. These prerequisites must be demonstrated. Arrival-departure records, records of work overseas, and tax returns are examples of such proof.

6. R-1 adjustment of status

Because the R-1 visa is a dual-purpose visa, an R-1 holder can apply for a variety of visas, including immigrant visas.

They can apply for non-immigrant visas such as H-1B and F-1, as well as employment-based immigration categories such as EB-1 and EB-3. As a result, the categorization can be modified without raising the issue of purpose.