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Religious Worker Visas (R-1)
Immigration Attorneys in Los Angeles, Lawyer, Lawyer, Attorney > Non Immigrant Visas > Student Visas > Religious Worker Visas (R-1)
The R-1 nonimmigrant category is provided at INA §101(a)(15)(R), 8 CFR §214.2(r), 22 CFR §41.58(a), and 9 FAM §41.58 (U.S. Department of State Foreign Affairs Manual (FAM)).
The R-1 nonimmigrant category allows individuals engaged in a broad range of religious occupations to enter the United States temporarily to perform services related to their religious calling or vocation and receive direct compensation for their work.
Jan Brown, “Nonimmigrant Religious Workers: The “R” Visa,” in 2 Immigration & Nationality Law Handbook 182 (AILA 2003-04 ed.) (used with permission).
Eligibility for temporary religious worker status requires the following:
Two years membership. For the two years immediately preceding the time of application for admission, the applicant must have been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States. INA §101(a)(15)(R); 22 CFR §41.58(a); 9 FAM §41.58, Note 8.
Seeks to enter the United States for a period not to exceed five years for any of the following purposes:
- solely for the purpose of carrying on the vocation of a minister of that religious denomination, to work for the organization in a professional capacity in a religious vocation or occupation at the request of the organization, or
- to work for the organization (or other bona fide organization affiliated with the religious denomination and is exempt from taxation as an organization described in IRC §501(c)(3)) in a religious vocation or occupation at the request of the organization. INA §101(a)(15)(R), (a)(27)(C)(ii).
In some circumstances, a B-1 business visitor visa may be deemed more appropriate for certain “members of religious and charitable” organizations. Examples of such include religious ministers who are on evangelical tour or who are exchanging pulpits with U.S. counterparts, certain missionary workers, or participants in certain voluntary service programs
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