Religious Workers

• The R-1 Visa is available to enable religious workers to temporarily enter the United States as to pursue a religious vocation. A religious vocation is defined as a calling to religious life, shown by a demonstration of a lifelong commitment; for instance, taking vows. Nuns, monks, and religious brothers and sisters are examples of religious workers.
• A religious occupation is defined as a continual engagement in an activity related to a traditional religious function. This definition includes liturgical workers, religious instructors or cantors, catechists, workers in religious hospitals, missionaries, religious translators and religious broadcasters. However, it doesn't include janitors, maintenance workers, clerks, fundraisers or solicitors of donations.
• The spouse and/or unmarried children under 21 years of age of a religious worker may be granted derivative status to enter the U.S. They are not authorized to work while in the U.S., but may attend school.
• What steps have to be taken? One should apply for an R-1 Visa at the U.S. Embassy or Consulate with jurisdiction over the place of permanent residence. While one may apply at any U.S. consular office abroad, this method is more difficult.  One does not have to maintain a residence abroad, which you have no intention of abandoning, but there must intend to leave the U.S. at the end of your R-1l status.

• What are the necessary Documents?

The following documents are required for the R-1 Visa:

A filled-in visa application Form OF-156.

One recent photograph 1 & 1/2 inches square (37mm x 37mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.

A passport, valid for travel to the United States for at least six months longer than your intended visit.

You will also need to provide the following documents:

Proof of tax-exempt status or eligibility for tax-exempt status.

A letter from an authorized official of employing organization certifying your position in your organization, and the nature of the organization.

WHO IS ELIGIBLE?

A foreign national, who has been a member of a religious denomination for at least two years immediately preceding application to the U.S., who is coming temporarily to work for a bona fide, non-profit religious organization in the U.S. in one of the following categories may qualify for an "R" nonimmigrant visa. The categories include:

i. As a minister of the denomination;

ii. As a professional capacity in a religious vocation for the organization. Positions in this category require that the individual have a baccalaureate degree or equivalent.

iii. In a religious vocation or occupation for the organization of one of its affiliates.

Examples of positions in this category include those who take vows, such as nuns and monks, and may include others such as religious instructors, liturgical workers, counselors, cantors, workers in religious hospitals, missionaries, religious translators and broadcasters. The category, however, does not include such positions as janitors, maintenance workers, and clerks.

HOW TO APPLY

R visa applicants may apply for the visa directly to a U.S. Consular Officer, or the U.S. employer may file a petition with the INS Regional Service Center that has jurisdiction over the area where the alien will be employed. In either case, the following supporting documentation should be submitted:

A letter from authorized official of the religious organization establishing that the proposed job position and the alien qualify as above;

A letter or letters from authorized officials of the religious denomination or organization attesting to the alien's membership in the denomination, explaining in detail the person's religious work and all employment for the past two years, and the nature of the proposed employment; and

A copy of the tax-exempt certificate showing the religious organization, and any affiliate which will employ the person, is a bona fide, non-profit organization in the U.S. and is exempt from taxation in accordance with Section 501 (c)(3) of the Internal Revenue Code of 1986.

DURATION OF VISA                             

An R visa may initially be granted for a period of three years. The INS may grant subsequent extensions of stay in increments of up to two years; however, the total period of stay may not exceed five years. An R visa holder who reached for five-year limit must reside outside of the United States for a period of one year before he/she may be readmitted in R status.

STATUS OF SPOUSE AND MINOR CHILDREN

The spouse and unmarried minor children of the R visa holder are also entitled to R visa status. They are subject to the same period of stay as the principal alien, and may not be employed in the United States on a R visa.

Examples of how the R-visa works:

(1) Example #1: Father Giulio Ruggerio is a Catholic Priest from the nation of Italy. He received a Bachelor in Arts in Catholic Ecclesiastical Studies. He has been a Catholic Priest in Rome, Italy for two years and is requested by the Catholic Church to come to the United States and work at the local Catholic Church located in New York City’s Little Italy. Here, Father Giulio Ruggerio would be eligible for an R visa.

(2) Example #2: High Hindu Priest Manoj Brahma graduated from a 4-year university in Bombay, India and received a Bachelor in Arts in Hindu Religious studies.  High Hindu Priest Manoj Brahma has been a High Hindu priest for the past  10 years. High Hindu Priest Manoj Brahma has been requested by the Hindu religious society of India to go work in the Hindu Temple of Queens, New York. Here, High Hindu Priest Manoj Brahma would be eligible for an R visa.

(3)   Example #3: Zen Buddhist Priest Masao Yamanaka graduated from Kyoto Buddhist Religious Academy University, with a Bachelor in Arts in Buddhist studies. Zen Buddhist Priest Masao Yamanaka has been working in Hiroshima City’s Zen Buddhist Temple (located near Hiroshima’s Peace Park) for 10 years. Zen Buddhist Priest Masao Yamanaka is requested by the Zen Buddhist Religious Society of Japan to work at the Zen Buddhist Temple (located in California) and promote Japanese Zen Buddhism and culture. Here, Zen Buddhist Priest Masao Yamanaka would be eligible for an R-1 visa.

(4)   Example #4: Rabbi Joshua Sharir graduated from Israel’s Torah University (located in Jerusalem) and received a Bachelor in Arts in Jewish Theological Studies. Rabbi Joshua Sharir has been a rabbi at a local synagogue in Jerusalem for the past 15 years. The Jewish religious society of Orthodox Jews requests Rabbi Joshua Sharir to work at the local synagogue located in Oceanside, Long Island, New York. Here, Rabbi Joshua Sharir would be eligible for an R-1 visa.