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Religious Worker (Rs)
- The R-1 classification applies
to a religious worker. This is an alien who is coming to the U.S. temporarily to work:
- As a minister of religion,
- As a professional in a religious vocation or occupation, or
- For a bona fide nonprofit religious organization at the request of the organization, in a religious
occupation which relates to a traditional religious function.
- The applicant (religious worker) for the R-1 temporary visa must have been a member
of a religious denomination having a nonprofit religious organization in the United States for at least the two years immediately
prior to the application date. To be eligible, the U.S. petitioning organization must be a nonprofit religious organization
granted (or eligible for) tax exempt status, and must demonstrate that it can and will provide for all of the R-1 beneficiary
religious worker’s financial and physical needs.
If the alien is outside the U.S., he or she may apply directly to a consulate for an R visa. If visa exempt,
the alien may apply at a port of entry.
If the religious worker is inside the U.S., the religious organization
may use the I-129 to petition for a change of status, extension of stay, or change of employment.
Dependents Dependents (spouses and unmarried children under 21 years of age) of R-1 religious worker are entitled to R-2
status with the same restrictions as the principal. Dependents may be students in the U.S., but may not be employed under
the R-2 classification. Note: Dependents of R-1 religious workers should file for a change of status or extension of stay
on Form I-539 (Application to Extend/change Non-immigrant Status).
Petition Document Requirements The I-129 petition may be filed by an authorized official of the U.S. organization and must be filed with:
- A written statement from an authorized official of the religious organization that will be employing the religious
worker establishing
- that the alien has been a member of the denomination for the required
two years,
- a description of the proposed
position, and that the alien is qualified for the position,
- the arrangements, if any, for salary, benefits, and other compensation
- the name and location of the place the religious worker will provide the services
- the organization’s affiliation with the denomination
- (note: if the alien is to be employed, the INS requires that this
letter be from the organizational unit responsible for maintaining I-9’s);
- Evidence showing that the religious organization or any affiliate
which will engage the religious worker’s services is a bona fide nonprofit, religious organization in the U.S. and is
exempt from taxation in accordance with section 501(c)(3) of the Internal Revenue Code of 1986.
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