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The R1
Visa 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
- For 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 USCIS 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.
Disclaimer
" Any information on this website should
not be construed as legal advice for any individual
case or situation. The information is intended to be
general and should not be relied upon as being specific".
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