R Visa Overview:
The R-1 visa is a non-immigrant category for a religious worker to perform temporary services on behalf of a religious organization. The individual may be employed and compensated only by the religious organization through whom the status was obtained.
R-2 visa holders are immediate family dependents of R-1 visa holders. They are authorized to attend school but they may not legally obtain employment under the this non-immigrant category.
The following requirements are made part of the R-1 visa regulations:
1. An R-1 worker need not have performed any work on behalf of the religious denomination but must have been a member of the qualifying organization for the immediately preceding two years and must be qualified to perform the duties of a religious worker.
2. There are three categories of religious workers: (a) a minister, priest or rabbi, meaning an individual authorized to conduct religious worship; (b) a religious professional, meaning an individual who has at least a baccalaureate degree which is needed to perform his duties (i.e. director of religious education or a principal of parochial school); (c) a person who works in a religious occupation or vocation which relates to traditional religious functions, meaning the job needs to have religious significance (e.g. a religious instructor or a religious counselor).
3. As per the new R-1 regulations, a petition to the USCIS is always required for an R-1 worker. The applicant may no longer make the application directly to the US consulate, as the R-1 visa now requires prior USCIS approval.
4. The period of admission will be for an initial period of thirty months, with maximum stay not to exceed five years.
5. The letter must be accompanied by a tax-exempt certificate of the organization and evidence of the applicant's ability to perform the services indicated, such as diplomas, etc.
Spouses and children of the R-1 visa holder may obtain an R2 visa to enter and remain in the US. The R2 visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa.
In summary, the R-1 visa category offers individuals with a religious background and others great opportunities to work and reside in the United States, but the religious occupation must relate to a traditional religious function.
Examples of persons in religious occupations include, but are not limited to:
* Liturgical workers
* Religious instructors
* Religious counselors
* Cantors
* Catechists
* Missionaries
* Religious translators, or Religious broadcasters
This group does not include janitors, maintenance workers, clerks, fund raisers, or persons involved solely in the solicitation of donations.
The Law Offices of Muston & Jack can manage the legal process of obtaining an R-1 visa for the following organizations and individuals:
* Religious organizations in the United States that wish to bring over members from overseas branches, affiliates, or similar entities to work as Service leaders such as ministers, priests, and pastors as well as religious professionals and religious vocational workers serving a traditional religious function such as religious instructors and missionaries.
* Members of a religious group having a bona fide nonprofit, religious organization in the U.S. who wish to become employed in a traditional religious capacity by an organization of the same religious denomination in the United States.
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