R-1 VISA

The R-1 religious worker visa is a non immigrant visa that allows foreign nationals in religious occupations to come to the U.S. and work:

• As a minister of religion,
• In a professional capacity in a religious vocation or occupation, or
• For a non-profit religious organization at the request of the organization, in a religious occupation which relates to a traditional religious function.
  

A religious worker classification does not apply to lay ministers/preachers. A religious vocation means a calling to religious life, usually evidenced by taking a vow of a religious lifelong commitment.

The religious worker applicant must have been a member of a religious denomination having a bonafide non-profit religious organization in the United States for at least the two years immediately prior to the application date. The religious denomination and its affiliate that is petitioning for the worker to U.S. must be exempt from taxation or qualifies for tax-exempt status.

Dependents (spouses and unmarried children under 21 years of age) of R-1 workers are entitled to R-2 status with the same restrictions as the principal. As R-2 visa holders, dependents may not be employed but may study in the U.S.

The I-129 petition may be filed by an authorized official of the U.S. organization and must be filed with:

A written statement from an authorized official of the religious organization that will be employing the alien, clearly showing

• that the alien has been a member of the denomination for the required two years,
• a description of the proposed position, and that the alien is qualified for the position,
• the arrangements, if any, for salary, benefits, and other compensation
• the name and location of the place the alien will provide the services
• the organization’s affiliation with the denomination
• ( note: if the alien is to be employed, the INS requires that this letter be from the organizational unit responsible for maintaining I-9’s);
• Evidence showing that the religious organization or any affiliate which will engage the alien’s services is a bona fide non-profit, religious organization in the U.S. and is exempt from taxation in accordance with section 501(c)(3) of the Internal Revenue Code of 1986.