General
Information About Temporary Religious Workers
The Immigration
and Nationality Act provides a nonimmigrant visa category
"R" for aliens proceeding to the United States to
work in a religious capacity. This is a common method
of entry into the United States. It is however, for
a temporary amount of time.
If you are
interested in entering the United States and obtaining
your green card, you would have to obtain a
Labor Certification first. Visit our page on frequently
asked questions about the Religious Worker R-1
Visa.
Definition of
Religious Workers
Religious
workers: include ministers of religion who are
authorized by a recognized denomination to conduct
religious worship and perform other duties usually
performed by members of the clergy such as administering
the sacraments, or their equivalent. The term does
not apply to lay preachers.
Religious
vocation: means a calling to religious life, evidenced
by the demonstration of a lifelong commitment, such
as taking vows. Examples include nuns, monks, and
religious brothers and sisters.
Religious
occupation: means a habitual engagement in an
activity which relates to a traditional religious
function. Examples include liturgical workers, religious
instructors or cantors, catechists, workers in religious
hospitals, missionaries, religious translators, or
religious broadcasters. It does not include janitors,
maintenance workers, clerks, fund raisers, solicitors
of donations, or similar occupations. The activity
of a lay-person who will be engaged in a religious
occupation must relate to a traditional religious
function: i.e., the activity must embody the tenets
of the religion and have religious significance, relating
primarily, if not exclusively, to matters of the spirit
as they apply to the religion.
Background Requirements
The applicant
must be a member of a religious denomination having
a bona fide nonprofit religious organization in the
U.S.;
- The religious denomination
and its affiliate, if applicable, are exempt from
taxation, or the religious denomination qualifies
for tax- exempt status;
- The applicant has been a member
of the denomination for two years immediately
preceding admission;
- The applicant is entering the
United States solely to carry on the vocation
of a minister of that denomination, or, at the
request of the organization, the applicant is
entering the United States to work in a religious
vocation or occupation for the denomination or
for an organization affiliated with the denomination,
whether in a professional capacity or not; and
- The applicant has resided and
been physically present outside the United States
for the immediate prior year if he or she has
previously spent five years in this classification.
Applying for
the Visa
Religious
workers should generally apply at the U.S. Embassy
or Consulate with jurisdiction over their place of
permanent residence. Although visa applicants may
apply at any U.S. consular office abroad, it may be
more difficult to qualify for the visa outside the
country of permanent residence.
As part of
the visa application process, an interview at the
embassy consular section is required for visa applicants
from age 14 through 79. Persons age 13 and younger,
and age 80 and older, generally do not require an
interview, unless requested by embassy or consulate.
The
waiting time for an interview appointment for
applicants can vary, so early visa application is
strongly encouraged.
During the
visa application process, usually at the interview,
a quick, two-digit, ink-free fingerprint scan will
be taken. Some applicants will need additional screening,
and will be notified when they apply. There is no
requirement that applicants for "R" visas have a residence
abroad that they have no intention of abandoning,
but they must intend to depart the United States at
the end of their lawful status.
Required Documentation
Each applicant
for the visa must pay a nonrefundable US$100 application
fee and submit the following:
- An application, Nonimmigrant
Visa Application, Form DS -156, completed and
signed. The DS-156 must be the March 2006 date,
electronic "e-form application." Select
Nonimmigrant Visa Application Form DS-156 to
access the electronic version of the DS-156.
- A passport valid for travel
to the United States and with a validity date
at least six months beyond the applicant''s intended
period of stay in the United States. If more than
one person is included in the passport, each person
must complete an application.
- One (1) 2x2 photograph. See
the required photo format explained in
Nonimmigrant Photograph Requirements
- All male nonimmigrant
visa applicants between the ages of 16 and 45,
regardless of nationality and regardless of where
they apply, must complete and submit a form DS-157
in addition to the Nonimmigrant Visa Application
(DS-156).
- As part of the visa application
process, an interview at the embassy consular
section is required for almost all visa applicants.
The
waiting time for an interview appointment
for applicants can vary, so early visa application
is strongly encouraged. During the visa interview,
a quick, two-digit, ink-free fingerprint scan
will be taken, as well as a digital photo. Some
applicants will need additional screening, and
will be notified when they apply.
Additional Documentation
The applicant
must be prepared to present to the consular officer
any or all of the following documentation to verify
that the applicant and the religious organization
qualify for the R status:
- (1) Proof of tax-exempt status
or eligibility for tax-exempt status; and
- (2) A letter from an authorized
official of the specific unit of the employing
organization certifying:
- That if the applicant's
religious membership was maintained, in whole
or in part, outside the United States, the foreign
and United States religious organizations belong
to the same religious denomination;
- That, immediately prior
to the application for the R visa, the alien
has been a member of the religious denomination
for the required two- year period;
That, (as appropriate):
- If the applicant is a minister,
he or she is authorized to conduct religious
worship for that denomination. The duties should
be described in detail; or
- If the applicant is a religious
professional, he or she has at least a baccalaureate
degree or equivalent, and that such a degree
is required for entry into the religious profession;
or
- If the applicant is to work
in a nonprofessional vocation or occupation,
he or she is qualified if the type of work to
be done relates to a traditional religious function;
- The arrangements for remuneration,
including the amount and source of salary, other
types of compensation such as food and housing,
and any other benefits to which a monetary value
may be affixed, and a statement whether such
remuneration shall be in exchange for services
rendered;
- The name and location of
the specific organizational unit of the religious
denomination or affiliate for which the applicant
will be providing services; and
- If the alien is to work
for an organization which is affiliated with
a religious denomination, a description of the
nature of the relationship between the two organizations:
- evidence of the religious
organization's assets and methods of operation;
and
- the organization's papers
of incorporation under applicable state law.
U.S. Port of
Entry
A visa allows
a foreign citizen coming from abroad, to travel to
the
United States port-of entry and request permission
to enter the U.S. Applicants should be aware that
a visa does not guarantee entry into the United
States. The Department of Homeland Security, U.S.
Customs and Border Protection (CBP) officials have
authority to permit or deny admission to the United
States. If you are allowed to enter the U.S., the
CBP official will determine the length of your visit
on the Arrival-Departure Record (Form I-94).
Since Form
I-94 documents your authorized stay in the U.S., it’s
very important to keep in your passport. Upon arrival
(at an international airport, seaport or land border
crossing), you will be enrolled in the
US-VISIT entry-exit program. In addition, some
travelers will also need to register their entry into
and their departure from the U.S. with the
Special Registration program.
Additional Information
General Visa
- No assurances regarding the
issuance of visas can be given in advance. Therefore
final travel plans or the purchase of nonrefundable
tickets should not be made until a visa has been
issued.
- Unless previously canceled,
a visa is valid until its expiration date. Therefore,
if the traveler has a valid U.S. visa in an
expired passport, do not remove the visa page
from the expired passport. You may use it
along with a new valid passport for travel and
admission to the United States.
Bringing Family
Members
Your spouse
and unmarried children under 21 years of age may accompany
or join you in derivative status. Derivative status
means that their visas will be dependent on your nonimmigrant
status. If you change your status, your family must
change their status. If you lose your status, your
family will also lose their status. Your spouse and
unmarried children under 21 years of age may study
but may not accept employment in the United States.
Time Limits
Holders of
R visas may remain in the U.S. for up to five years
to pursue their calling.
Staying over your authorized stay will put you
out of status and removable (deportable) by Immigration
and Customs Enforcement. View our pages on information
regarding
changing your status and
extending your non-immigrant visa status.
Visa Ineligibility
/ Waiver
There are
categories of persons
ineligible to receive visas under U.S. law. In
some instances an applicant who is ineligible, but
who is otherwise properly classifiable as a temporary
religious worker, may apply for a
waiver of ineligibility and be issued a visa if
the waiver is approved.
To be certain
that you are eligible for a Religious Worker Visa
without a waiver or are in fact in need of a waiver,
make sure to contact an experienced immigration attorney
for legal advice. |
