A foreign national may come to the U.S. temporarily to be employed by a non-profit religious organization in the United States to work as a minister or in a religious occupation. Part-time employment is allowed.
Applicant must have been a member of a religious denomination having a bona fide non-profit religious organization in the U. S. for at least 2 years immediately before the filing of the petition.
- Proof of tax-exempt status
- Proof of salaried or non-salaried compensation
- Verifiable evidence showing how the organization will compensate the religious worker, including specific monetary or in-kind compensation.
If the religious worker will be self-supporting USCIS requires the following documents as proof:
- Documents that show the religious worker will hold a position that is part of an established program for temporary, uncompensated missionary work, which is part of a broader international program of missionary work sponsored by the denomination
- Evidence showing that the organization has an established program for temporary, uncompensated missionary work in which:
- Compensated or uncompensated foreign workers previously held R-1 status;
- Missionary workers are traditionally uncompensated;
- The organization provides formal training for missionaries; and
- Participation in such missionary work is an established element of religious development in that denomination.
- Evidence showing that the organization’s religious denomination maintains missionary programs both in the United States and abroad
- Evidence of the religious worker’s acceptance into the missionary program
- Evidence of the duties and responsibilities associated with this traditionally uncompensated missionary work
Copies of the religious worker’s bank records or budgets documenting the sources of self-support. This may include, but is not limited to, personal or family savings, room and board with host families in the United States, donations from the denomination’s churches, or other verifiable evidence. See http://www.uscis.gov/working-united-states/temporary-workers/r-1-temporary-religious-workers/r-1-temporary-nonimmigrant-religious-workers
U.S. employer must file Form I-129, Petition for Nonimmigrant Worker, on behalf of an R-1 worker at USCIS induplicate. Visa exempt workers must present the original Form I-797, Notice of Action, at a port of entry as evidence of an approved I-129 R petition.
Length of Stay
Foreign National can receive R-1 status approval for 30 months with 30 months extension. The maximum time a person can stay on R-1 visa shall not exceed 60 months (5 years). Only actual physical presence in the U.S. counts towards the 60 months.
Spouse and children of R-1 visa holder can obtain R-2 visa but they are not allowed to work in the U.S.
Religious workers can petition for Permanent Residency under EB-4 category .
IMMIGRATION SERVICES IN HIGHEST DEMAND
United States Citizens and Lawful Permanent Residents can sponsor certain family members for permanent residence in the United States. This is the most common method of obtaining one’s “green card.” An individual can apply for a...
An individual may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification through PERM and then file Form I-140...
Green cards may be available to investors and entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs. One must invest $1,000,000, or at least $500,000 in a targeted employment area in new commercial enterprise....
A U.S. citizen who intends to marry a foreign national within 90 days of his or her fiancé(e) entering the United States, and both are free to marry, can apply for K-1 fiancé visa. The law requires that the couple met each other, in person...
The H-1B visa classification permits a foreign national to work in the United States for a temporary period. US employer should offer a position of employment that is in a specialty occupation and pay prevailing wage to satisfy H-1B requirement.
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture...
The judge may cancel removal in the case of an individual who is inadmissible or deportable from the United States, if such individual (1) has been an alien lawfully admitted for permanent residence for not less than 5 years...
All grounds of inadmissibility are listed in INA §212, regardless of the fact that individual is otherwise inadmissible, he or she may be admitted into the United States temporarily by the discretion of the Attorney General.
Affidavit of Support, Form I-864, is legally required for many family-based and some employment-based immigrants to show they will have adequate means of support after immigration to the United States. Every petitioner for his or...