R-Temporary Non-Immigrant Visa for Religious Workers
Ministers and other full-time religious workers who have been members of a religious organization for at least two years prior to their application can qualify for R visas to come or stay in the U.S. to perform religious work for their sponsoring religious organization. The petitioning religious organization, must be a 501(c)(3) non-profit organization, as determined by the Internal Revenue Service Code.
An R-1 visa application can be processed overseas at a Consulate or within the U.S. The religious worker must be employed in a full-time religious position, performing services in furtherance of the religion. Ordination or performing ceremonies is not required. R-1 visa are issued for an initial period of three years and can be renewed for another two, for a total stay of five years. Once an R-1 visa is issued, the foreign national spouse and the unmarried minor children are immediately eligible for R-2 visas. R-2 non-immigrants are permitted to remain in the U.S. for the duration of the principal's R-1 visa. Children are permitted to attend school but are only permitted to perform volunteer work, as R-2 non-immigrants are not allowed to work in the United States.
Green Cards for Religious Workers: Special Immigrant
Ministers and other full-time religious workers who have worked full-time for a religious organization in the U.S. or overseas, for the two years immediately prior to applying, can in some circumstances qualify for permanent residence as a religious worker for the sponsoring religious organization. The sponsoring or petitioning organization must be a 501(c)(3) non-profit organization as determined by the Internal Revenue Service Code. The finances of the sponsoring organization and the qualifications of the religious worker must be carefully documented. USCIS expects the religious worker's qualifying experience to have been salaried, although some exceptions might be available, particularly for monks or nuns.
To talk to a lawyer about any personal or business immigration concern, call our offices in New York City at 212-401-4040 or Toll-Free in the U.S. at 866-746-0137. You can also contact us online.
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