R 1 Visas Religious Worker (R's)
The R-1 classification applies to a religious worker.
This is an alien coming to the U.S. temporarily to
work:
- As
a minister of religion,
- As
a professional in a religious vocation or occupation, or
-
a bona fide nonprofit religious organization at the request
of the organization, in a religious
occupation which relates to a traditional religious function.
The applicant (religious worker) must have been
a member of a religious denomination having a nonprofit
religious organization in the United States for at least the two years immediately
prior to the application date.
To be eligible, the U.S. petitioning organization must be a nonprofit 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.
If the alien is outside the U.S., he or she may
apply directly to a consulate for an R visa. If visa exempt,
the alien may apply at a port of entry.
If
the alien is inside the U.S., the religious organization may
use the I-129 to petition for a change of status,
extension of stay, or change of employment.
Dependents
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. Dependents
may be students in the U.S., but may not be employed
under the R-2 classification.
Note: Dependents should
file for a change of status or extension of stay on
Form I-539 (Application to Extend/change Nonimmigrant
Status).
Petition Document Requirements
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 establishing
- 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 nonprofit, 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.
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