What is an R Visa (R-1) ?

An R visa (R-1) is the visa category used for religious workers entering the U.S. to work as a religious minister, or in a professional capacity, or a religious occupation or vocation for that organization, or a religious vocation or occupation or a non-profit affiliate.

The R visa (R-1) applicant is required to have been a member of the non-profit organization for the two preceding years. Both the religious organization and the non-profit affiliate must prove to the satisfaction of the United States Citizenship and Immigration Services that they are a bona-fide nonprofit religious organization. This is usually demonstrated by providing a copy of their tax-exempt status under Section 501(c)(3) of the IRS Code of 1986 and an explanation of the religious creed, church government, and religious ceremonies among others.

The religious worker must show evidence that it is entitled to the classification it is requesting, for example, if entering to work as a professional worker that he or she has a four-year college degree in the occupation the worker is seeking to fill. The issue of whether the position is professional and also a religious occupation is frequently challenged by the United States Citizenship and Immigration Services.

The regulations require that both the employer and the individual be of identical religious denominations. A letter to this effect will suffice, along with compensation details.

How do I obtain an R Visa (R-1)?

A visa applicant can apply directly with a US consulate or Embassy and will not need a petition unless he or she is in the U.S. and needs to change to R-1 status.

What about family members?

Admissible accompanying or following to join R-1 spouse and dependent children under 21 can live but not work in the US during the same time period as the principal foreign national in R-2 status.

How can I obtain a green card?

A minister obtains his or her green card by showing the United States Citizenship and Immigration Services that she or he has had membership with, for two years immediately preceding date of application, the same religious denomination that also has a non-profit religious organization in the U.S. There is a lot of confusion between regarding the requirements in the nonimmigrant and the immigrant green card category. Only the immigrant category imposes the requirement that the minister has been working in that capacity continuously. The professional or vocation category has a similar requirement and is currently scheduled to expire on Oct. 1, 2008. The ability to pay the offered wage for all religious worker categories must be demonstrated as of the date of filing and can be a hardship for a small denomination or a new church.

How can we help you?

We assist employers and individuals to comply with complex regulatory requirements. We discuss all possible, available options with both, and we assist individuals to qualify for R-1 status or for a green card. We also prepare all petitions and applications and review supporting documentation.

To learn if an R Visa is right for you, please contact Immigration Attorney Maria M. Cordon to schedule an immigration consultation.