•  Email Info@bazzilaw.com
  •   Call : (313) 978-0000
  • Fax : (313) 960-4400

 

Immigration Law

R1 visas are issued to temporary religious workers with non-immigrant intent. The intending worker must be sponsored by a non-profit religious organization that has been present for a minimum of two years within the United States. The petitioning organization and immigrant must demonstrate that the worker will participate in full-time (a minimum of 35 hours) work at the organization per week. The petitioning organization must provide evidence regarding the compensation for the position, which may include: budgets, evidence of previous compensation for a similar position, or verifiable documentation of room and board (if it will be provided). If the religious worker will support themselves during their time in the US, they must demonstrate a financial ability to do so and that the position is part of an international missionary program. R-1 visas grant the religious worker permission to work for the religious organization in the US for up to 30 months; with a possible 30 month extension. A religious worker may remain in R-1 status for up to 60 months. Should a religious worker seek R-1 status again after previously maintaining R-1 status for 60 months, they must remain outside the US for one full year before seeking R-1 status again.Additionally, it is the burden of the petitioning organization to evidence their tax exempt status under the IRS as a religious non-profit [Section 501(c)(3)]. It is the burden of the religious worker to demonstrate their membership in the religious organization. Spouses and children under 21 of R-1 religious workers are eligible for R-2 classification, but are not authorized to accept employment as R-2 visa holders. There are currently no annual quotas or caps for R-1 visas.

How do I qualify for an R-1 Visa?


  • The sponsoring Religious Organization must exist &have a bona fide presence within the US for at least two years prior to petition an alien for R1 status;
  • The sponsoring Religious Organization is tax-exempt under the IRS as described in section 501(c)(3) of the IRS code;
  • The intending religious worker must have been a member of the Religious Organization (including the specific religious denomination or one closely similar in practice and beliefs) for a least two years immediately prior to filing for the R-1 Visa;
  • If applying from outside the US, you must be entering the US for the sole purpose of working and carrying out the duties of the Religious Organization in a religious capacity;
  • R-1 Religious workers who max out the 5 year stay must remain physically outside of the US for 1 full year before seeking R-1 status again.
  • Must be seeking to work in a religious occupation or vocation as defined in 8 CFR § 204.5(m).
  • This includes: Ministers, Rabbis, Priests, Clergy members, or other individuals in a role that directly relates to the dissemination or inculcation of the organizations beliefs or creed that is a recognized occupation within the organization.
  • Other religious workers can include: Vocational religious workers who have taken vows, ceremonies, etc attesting to a particular religious lifestyle that is recognized by the organization such as nuns, monks, and religious brothers & sisters.
  • Those who are not eligible include: Administrative or supporting occupations such as: maintenance workers, janitors, clerks, accountants, fundraisers, choir members, musicians, administration (when not directly related to the organization’s beliefs or doctrine), or religious students (although study & training is allowed under R-1 status)

Speak with Our Professionals Now

Call (313) 978-0000

Imigration Law, Work Visa , Criminal Law

Family Law, Probate, Business Transactions


Lawyer.com

Contact Info

Bazzi Law, PLC
25639 Ford Road Suite 201
Dearborn Heights, MI 48127

 313 978 0000

313 960 4400

 This email address is being protected from spambots. You need JavaScript enabled to view it.

 9.00 am to 7.00 pm