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Religious Worker

American immigration law allows for visas for religious workers on both a temporary and a permanent basis.

What is the R Visa?

The R-1 visa enables religious workers to come to the US for temporary employment with an official religious organization to continue or develop in their specialty. Many R-1 religious workers first come to the US on a temporary basis, but are later able to become special religious worker immigrants (green card holders – see below) after they have served in the same religious position for at least two (2) years.

The R-1 visa applies to religious workers coming into the United States temporarily to work:

1. As AAa minister of religion, 2. In a professional in a religious vocation or occupation, or 3. For a bona fide non-profit religious organization at the request of the organization, in a religious occupation relating to a traditional religious function.

The worker must have been a member of a religious denomination having a non-profit religious organization in the United States for at least the two years immediately prior to applying for the R-1 visa. To be eligible, the US religious organization sponsoring the visa application must be a non-profit religious organization granted (or eligible for) tax exempt status, and must demonstrate that it can and will provide for all of the R-1 beneficiary's financial and physical needs.

Religious Worker

Religious workers include ministers of religion who are authorized by a recognized religious denomination to conduct religious worship and perform other duties usually performed by members of the clergy such as administering the sacraments, or their equivalent. The term does not apply to lay preachers.

Religious vocation means a calling to religious life, evidenced by the demonstration of a lifelong commitment, such as taking of vows. Examples include nuns, monks, and religious brothers and sisters. Religious occupation means a habitual engagement in an activity which relates to a traditional religious function. Examples include liturgical workers, religious instructors or cantors, catechists, workers in religious hospitals, missionaries, religious translators, or religious broadcasters.

The activity of a lay-person who will be engaged in a religious occupation must relate to a traditional religious function. The activity must embody the tenets of the religion and have religious significance, relating primarily or exclusively to matters of the spirit as they apply to the religion.

Typical R Visa Typical Uses of the R Visa

• An orthodox priest who will take a sabbatical to the US to serve in a sister parish.
• A Jewish cantor (hazan) is hired to perform worship services at a US synagogue
• A professional children’s educational director with a bachelor’s in education is hired to plan, coordinate and direct the Sunday school program at a US congregation.
• A professional translator of ancient religious texts is hired to work for a special research institute of his religious denomination in the US.

Advantages of an R Visa

• No annual quota on number of visas available.
• No special salary restrictions as with the H-1B category.
• R visa holders have a relatively swift path to permanent residence (green card) as special religious worker immigrants.
• No requirement to prove permanent residence abroad (“substantial ties”) as with tourist or student visas.

Typical Duration of the R Visa The minister or religious worker can only stay in the United States for a maximum period of five years. The initial period of stay is three years, with an option to extend status for an additional two years. Once the five years of R-1 visa status has been reached, the beneficiary may not be issued a new R-1 visa unless he or she has been physically present outside the United States for at least one year before applying. The Application Process & Timetable

If the religious worker is residing abroad, the R-1 visa application is made directly at the US consulate near his/her home. The application is made on Form DS-156 and documentation should be presented to demonstrate that the worker meets the basic eligibility requirements of the R-1 category. All R-1 visa applicants must prove that they will be working as a minister of religion, or in a religious vocation or occupation, for a bona-fide, non-profit religious organization or denomination that is exempt from taxation. Male applicants age 16 to 46 are required to file Form DS-157 along with the visa application.

After filing the visa application materials at the US consulate, an interview will be scheduled for the employee with a US consul. If the application is approved, the visa will be issued shortly thereafter.

If the religious worker is already in the US, then the application is made on Form I-129 to the USCIS in the US. The petition must be sponsored by the hiring US religious organization. Sometimes after filing of the initial petition, the organization is requested to provide additional evidence (RFE). The sponsoring employer is usually given up to 90 days to supply the requested materials, and then a final decision is made regarding approval of the petition. While many petitions are approved following submission of the additional evidence, others will ultimately be denied.

Upon approval of the petition, the USCIS issues an official approval notice, permitting the employee to either make a request for a visa stamp at the appropriate consulate in his home country or, if he /she is already in the U.S., to change status.

Spouse and Family Members

The spouse and children under 21 of an R-1 applicant may apply for R-2 visas. R-2 applications are usually submitted together with the R-1 visa application at the US consulate. The R-2 visa enables the spouse and children to reside and study in the US, but not to work. The spouse will need to show the consul proof of a marriage relationship with the R-1 religious worker applicant.

What About a Green Card?

Religious workers may be eligible to reside in the US permanently under a “special immigrant” status. If the worker has at least two years of experience in his field of religious work, she may qualify for special immigrant status. R-1 visa holders who work for at least two (2) years with a religious organization in the US should be able to qualify for a green card under this special immigrant program.

Basic Eligibility Requirements for a “Religious” Worker

There are three types of “special immigrant” religious workers who may obtain permanent residence in the U.S. for employment as any of the following:

1. Minister of the denomination of the employing religious organization;

2. In a professional capacity in a religious vocation or occupation for the employer organization

3. In a religious vocation or occupation for the employer organization or its nonprofit affiliate in the US.

The religious worker must have at least two (2) years of experience in one of the types of religious work listed above. Also, the immigrant must be sponsored for work with a US non-profit, religious organization or for a non-profit religious organization connected with a qualified religious denomination. The sponsoring religious organization must have made a valid job offer and must be able to pay the offered wage. Also, the sponsoring religious organization must be able to prove that it qualifies for tax-exempt status by US law, as recognized by the IRS (Internal Revenue Service- US tax authority).