Are you a religious worker seeking to enter the United States to pursue your calling? The R visa presents a structured avenue for eligible religious workers to reside and engage in temporary employment within the country.
This visa underscores the importance of religious exchange and cultural enrichment. Whether you are a minister, missionary, religious instructor, or part of a religious order, the R visa offers a formal pathway to realize your vocation while adhering to legal requirements and regulations governing temporary residence and employment in the United States.
What is an R Visa?
The R visa is a nonimmigrant visa that allows religious workers to come to the U.S. to work for a non-profit religious organization in a recognized religious occupation. The R-1 visa covers ministers and other religious professionals, while the R-2 visa allows their spouses and unmarried children under 21 to join them.
To qualify for an R-1 visa, you must have been a member of the religious denomination for at least two years immediately before applying. You must plan to work at least part-time (average of 20 hours/week) in a compensated position. Volunteer work doesn’t qualify.
Examples of qualifying religious occupations include ministers, priests, monks, religious instructors, cantors, missionaries, religious translators, religious counselors, and other religious professionals. Administrative and support staff for religious organizations may also qualify in some cases.
Your prospective employer in the U.S. must file a petition on your behalf to start the R-1 visa process. They must demonstrate that your religious worker job is directly related to the organization’s religious mission.
The employer files Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS). They must include evidence of their non-profit status, tax exemption, and religious purpose. They also need to prove they have the financial ability to compensate you.
USCIS designates specific organizations as bona fide religious organizations that don’t need to submit evidence of their status each time they file. However, most employers will need to provide this documentation with each petition. Gathering the required evidence can take significant time, so starting early is best.
Can R1 Visa Holders Go to School?
R-1 visa holders may enroll in academic studies if it doesn’t interfere with their religious work. For example, you could take a part-time class in the evening or online that fits around your work schedule. However, your primary purpose for being in the U.S. must be to perform religious work.
Dependents on R-2 visas have more flexibility. They can attend school full-time without needing a separate student visa from elementary through post-graduate studies. However, R visa holders cannot work in non-religious occupations to support themselves while studying.
The R visa designates temporary residency for nonimmigrants. It is granted for 30 months initially, with the possibility of an extension of up to 5 years. After this period, you must leave the United States and stay abroad for at least one year to be eligible for another R visa.
If you want to stay in the U.S. long-term, you may be able to have your employer petition for you to change to a dual-intent immigrant visa like the EB-4 special immigrant religious worker category. A knowledgeable immigration attorney can advise you on your options.
The R Visa Application Process
Once your prospective employer files the I-129 petition and it’s approved, you’ll need to complete the online DS-160 nonimmigrant visa application and pay the application fee. You’ll then schedule a visa interview at your home country’s U.S. embassy or consulate.
For the interview, you’ll need to gather supporting documents demonstrating your eligibility, such as proof of your religious qualifications, evidence of your denomination membership, an employment offer letter, and your passport. You may also need to show ties to your home country to prove your intent to depart the U.S. when your visa expires.
Visa appointments are limited, so apply as early as possible. Due to processing times and potential delays, begin the process at least several months before you intend to come to the U.S., if not longer. Your dependents will need to apply for their R-2 visas separately but can generally interview together with you.
Contact Law Office of William Jang, PLLC
An immigration attorney can help you and your employer navigate the R visa process to avoid pitfalls and improve your chances of success. If you’re a religious worker ready to apply for an R visa, contact The Law Office of William Jang, PLLC at (512) 323-2333 or fill out our online contact form for a free consultation with an experienced immigration lawyer. We can help you pursue your calling and make a smooth transition to the U.S.
