Everything You Need to Know About the R1 Visa
Religious workers who want to do religious work in the United States should apply for the R1 visa. The R1 nonimmigrant visa allows religious employees to work for a maximum of five years for a recognized nonprofit religious institution or church. The R1 visa is for furthering their religious vocation, religious occupation, or ministry in the United States. These categories have special requirements that must be met.
Nuns, monks, and those who take a lifetime vow are examples of persons following a religious vocation. Those who pursue religious careers must fulfill religious tasks related to the faith on a fundamental level and deal with conventional religious functions. Finally, those entering as a minister must be trained members of the clergy, work as a minister, and perform ministerial duties.
R1 Duration of Stay
R1 holders can apply for an extension of status or readmission under R1 status for up to 30 months if their stay is not more than five years maximum. AFTER THE EXTENSION IS GRANTED, the R-2 dependents must file Form I-539, Application to Extend/Change Nonimmigrant Status.
The R1 worker must spend one year outside the United States to be eligible to return to the United States after serving the full five years inside the country. You should contact us if scouting for the best free immigration consultation online. Our experts will guide you throughout the process.
R1 visa holders who do not live permanently in the United States, live overseas and commute to the United States, or whose work is seasonal, intermittent, or for less than six months per year are exempt. These conditions must be supported by evidence. Arrival-departure records, records of employment overseas, and tax returns are examples of such evidence. Scouting the best immigration lawyer? Contact us today.
- R1 Visa Requirements
Be a member of the religious denomination.
One of the essential requirements for the R1 visa is being a member of a religious denomination for at least two years before applying.
The religious denomination must be a legitimate tax-exempt organization defined by section 501(c)(3) of the Internal Revenue Code of 1986. They must receive a letter from the IRS declaring tax exemption.
Be a religious worker coming to work
Religious workers must work at least part-time, which averages 20 hours per week.
Or: Be a minister coming to work
A minister may be called to serve in a religious capacity. A minister is a person who has absolute power within a religious denomination. They must be thoroughly trained and conduct religious worship and other duties that the clergy conducts.
Must be petitioned for
The R1 is not a self-petitioning visa. Instead, you need someone to request that you come to the United States to work. They would fill out Form I-129.
Can be petitioned for by multiple employers
You can work for numerous qualifying employers on an R1 visa if each employer submits a separate petition with the required paperwork to USCIS.
- R1 Visa Process
The R1 Visa application procedure begins with filing Form I-129, Petition for Nonimmigrant Worker, by the U.S. company.
An I-129 approval from USCIS is required to get an R1 visa at a U.S. Embassy or Consulate.
The following evidence may need to be included with your petition:
- A letter of recommendation
- Job description and duty chart, with percentages of time spent on specific responsibilities.
- An IRS determination letter stating that tax-exempt organization is current and legitimate.
- Compensation proof is required.
- Self-support will only be considered for specific nonimmigrant missionaries.
- Evidence of funding for compensation. The organization needs to demonstrate how the position will be compensated through records, budgets, etc.
- Documentation that confirms the religious nature and purpose of the organization. Such evidence can include books, brochures, flyers, and other religious literature.
The consulate or embassy will determine the beneficiary’s eligibility for the R1 visa. However, Customs and Border Patrol will have final responsibility for allowing recipients into the country.
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