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Introduction
Are you interested in being a religious worker in the United States? First, learn about obtaining an R-1 visa. This is a non-immigrant visa with a temporary work status for aliens who do not intend to permanently remain in the United States. It is specifically for nationals of other countries coming to the United States to work for religious organizations or churches.
The R-1 visa is for religious workers and provides them with employment in churches, religious organizations, or religious groups that meet the set criteria. They are allowed to stay in and work within the US for a period of 5 years. This is, however, a non-immigrant visa for a religious worker who wishes to live and work in the US for a relatively short period.
This visa is a program initiated by the US government for the benefit of religious workers. It is meant to allow religious workers to enter the US in furtherance of their religious calling. It allows them to pursue their faith through religious work, or to serve their religious community. There are different types, each with different rules.
For instance, if you are migrating to the United States to become a nun, a monk, or someone who has made a lifetime promise to be religious, then you may qualify. If you are going to work in religious duties that form part of the faith traditions and are essential to the faith, you may qualify in the category of a religious profession.
If you are coming to the United States as a minister, then you must be a certified member of the clergy, a licensed minister, and trained as a minister. The church or organization employing you must also be actual and legitimate. An immigration lawyer in the USA can help you determine whether your organization qualifies.
The following blog will outline everything you need to know about the R-1 visa.
Overview of the R-1 visa
An R-1 visa, much like a temporary work visa, allows a foreigner to enter the US to work as a religious worker for a tenure of 2.5 years or 30 months. They can ask for an extension after two years for another two years, to a total of five years. They have to work for at least 20 hours a week with an actual religious organization to get this type of visa. Also, they must meet some requirements to get it. Not everyone can get this visa; for example, if you are out of the group in the church-like person who is not religious, it is impossible to get an R-1 visa.
The cool part about having an R-1 visa
R-1 visa holders can do some cool things, too: They can get a driver’s license, open up a bank account, and even go backpacking without it counting against their stay time in the US. Some of them can even work part-time in some religious job here in the US. This action does not preclude them from working abroad. They are allowed to travel around in the US for work breaks.
With an R-1 visa, you are not obliged to spend all the time in the US. You might be working elsewhere while in the US for your convenience. There is no cap on the total number of R-1 visas. Any qualified person can get one and do what they love.
If you have a spouse or children under 21 as an R-1 visa holder, then you are also entitled to come with them on an R-2 visa. However, the spouse and children of an R-1 visa holder cannot work out here. The basic noteworthy thing about the R-2 visa is that your spouse and children are allowed to come along with you.
The R-1 visa in the US can do it all. With one, you can, through other ways, ask for a green card, which will mean you may stay here permanently. Common ways to do this are marrying someone in the US, getting your family together, or changing status. But there are other ways of receiving an R-1 green card, too, with EB-4 green cards, particularly as a religious worker.
Who can apply?
To apply for an R-1 visa to work in the US as a religious worker, a few conditions and requirements need to be met. Since not all religions or groups are welcomed in the US, you and the group you work in will have to meet some standards.
You will have to fulfill these requirements if you want to apply for an R-1 visa in the US:
- You have been a member of a religious denomination for at least two years.
- You are coming to work for a US nonprofit.
- You are employed by this nonprofit organization.
- You must be a member of the clergy or other employee of this organization.
- You will be working part-time, which is defined as at least 20 hours per week.
- You would not engage in secular employment.
The US issues R-1 visas to aliens who are sponsored by organizations meeting the following criteria:
- US organizations.
- Have a religious organization to sponsor.
- Not obliged to pay taxes.
- Not-for-profit organizations in the US.
If all the above criteria are satisfied with the organization you are working for, then you can start your application process to get an R-1 visa. Due to the many different religions all over the world, the US government has made clear what a religion is and what the R-1 visa rules are.
The religious group is made up of persons who usually believe in the same god and follow the rules of the religious leader by doing things such as:
- They share beliefs in the same manner.
- Performing the same rituals, services, and ceremonies.
- Observing similar rules that guide them in their behaviors.
- Having a religious organization that binds them.
- A place where they meet to worship together.
How to get your R-1 visa
This is the sequential order you and your sponsor should follow so that you can get your R-1 visa in the United States of America:
You are not allowed to petition without your sponsor accepting you into their organization. Your sponsor must request the USCIS that you be allowed to work inside United States of America.
A brief overview of how this is to be done is as follows:
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Filing the petition
Your sponsor will need to file form I-129 for the religious worker. They will need to include the correct fees and all supporting documents. It is advisable to consult an experienced immigration lawyer in USA.
Make sure you get a copy of the completed form and that it is signed. The USCIS will contact you when the officials visit your place of worship. They will check if your place of worship is legitimate, qualifies, and that all information given by you was genuine. The officer in USCIS may also want to interview you or a representative from your place of worship, especially the boss who signed your petition. If all goes well, they will approve the petition.
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You should fill out the DS-160 form
Once your I-129 is approved, you can begin your visa application by completing the DS-160 form at the appropriate embassy or consulate in your home country. You will be required to pay the fees and submit the right documents.
As you progress through the DS-160, you will be asked to answer questions pertaining to your personal information, background, and your purpose for visiting the US. After filling out the DS-160, you must save the confirmation page and the code from that page for later use.
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Get ready for the interview
If you are between 14 and 79 and applying for a non-immigrant visa, it is necessary to go through an interview with the visa officer at the US embassy. An interview should be scheduled.
Since the US embassy that you are applying to is quite busy, it is appropriate to book your interview at the earliest so you can avoid long waiting lines. Right after you book your interview, you will be given a confirmation letter that says your interview is confirmed. Take that with you to your interview.
Get all the documents that you may need to support your application ready. Bring everything you might need with you and come early. Your interviewer is going to have a lot of questions for you about your past, your future in the US, and your purpose in coming to the US. You are supposed to provide them with every piece of information that they need to establish that you have a job and money in the US.
How long does it take?
Getting an R-1 visa in the United States is an affair that is very time-consuming. After the application, with the help of a sponsor, USCIS may take 6 months to answer, perhaps to control the organization that has supported the applicant. If the organization had been approved by the USCIS, one could use a faster service if he pays more money, which usually takes approximately 2 weeks. If that is not the case, it may take an extra 2 to 3 months and may reach up to 8 or 9 months altogether.
Get help!
If you are unsure about US immigration laws or about a visa, we invite you to contact our team of experienced immigration lawyers in USA at Gehi and Associates for more detailed and updated advice. Our objective is to have you correctly informed so that you can enjoy a less stressful journey. At Gehi and Associates, our veteran immigration lawyers in USA have helped numerous persons live and work in the United States.
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Our law offices in NY offers free consultations, both virtual and in-person, for all legal and immigration matters. To schedule one, please contact us today!