Non-Immigrant Visas: R Visa

An R-1 visa is a religious worker visa and an alien can qualify if, for at least two (2) years, they have been a member of a religious denomination having a bona fide non-profit, religious organization in the U.S. coming temporarily to work solely as either:

1. A minister of that denomination;
2. In a professional capacity in a religious vocation or occupation for that organization;
3. In a religious vocation or occupation for the organization or its nonprofit affiliate.

Key Points

• An initial request for an R-1 visa is made by applying at the consulate of the alien’s home country. An adjustment of status to R-1 visa or an extension can be made on Form I-129, Petition for Nonimmigrant Worker.
  
  
• Spouses and minor children are entitled to remain in the United States for the duration of the R-1 visa holder’s authorized stay. They are issued R-2 visas and are not permitted to work but may attend school.
  
  
• Essential documentation needed to bring to the consulate if first applying for an R-1 visa or to attach to Form I-129, Petition for a Nonimmigrant Worker (extension) is as follows:
  
  
  1. A letter from the authorizing officials of the religious organization establishing that the proposed services and the alien qualify;
     
     
  2. A letter or letters from the authorizing officials of the religious denomination or organization attesting to the alien’s membership in the religious denomination explaining, in detail, the alien’s religious work and all employment during the past two (2) years and the proposed temporary employment;
     
     
  3. A copy of the tax-exempt certificate showing the religious organization and any affiliate which will employ the alien, is a bona fide organization in the U.S. and is exempt from taxation in accordance with §501(c)(3) of the Internal Revenue Code of 1986;
     
     
  4. Copy of membership certificate/documentation establishing the relationship between the U.S. religious organization and the organization abroad of which the alien was a member.

Should you have questions about the R Visa or other immigration matters contact us for professional and personalized legal counsel.