Law Offices of Yu & Associates
What is the R-1 Visa?
The R-1 visa is for religious workers to come to the U.S. temporarily to work as:
- A minister of religion,
- A professional in a religious vocation or occupation, or
- For a bona fide nonprofit religious organization at the request of the organization, in a religious occupation which relates to a traditional religious function.
The applicant (religious worker) must have been a member of a religious denomination having a nonprofit religious organization in the United States for at least the two years immediately prior to the application date. To be eligible, the U.S. petitioning organization must be a nonprofit religious organization granted (or eligible for) tax exempt status, and must demonstrate that it can and will provide for all of the R-1 beneficiary¡¯s financial and physical needs.
Can Dependents Accompany R-1 Religious Workers in the U.S.?
Dependents (spouses and unmarried children under 21 years of age) of R-1 workers are entitled to enter the U.S. in R-2 status to stay with the principal. Dependents may be students in the U.S., but may not be employed under the R-2 visa.
How Do I Apply for an R-1 Visa?
The U.S. employer or organization should apply for the R-1 visa for the religious workers. The following documents will be needed:
- A written statement from an authorized official of the religious organization that will be employing the alien establishing:
- that the alien has been a member of the denomination for the required two years,
- a description of the proposed position, and that the alien is qualified for the position,
- the arrangements, if any, for salary, benefits, and other compensation,
- the name and location of the place the alien will provide the services, and
- the organization¡¯s affiliation with the denomination.
- Evidence showing that the religious organization or any affiliate which will engage the alien¡¯s services is a bona fide nonprofit, religious organization in the U.S. and is exempt from taxation under 501(c)(3) status.
How Long Can an R-1 Religious Worker Stay in the U.S.?
The R-1 visa holder can stay in the U.S. for an initial period of 3 years and extend their stay for an additional 2 years.
The above is intended as a general introduction and should not be construed as legal advice or legal opinion for your particular case. Please contact the Law Offices of Yu & Associates with any specific questions. Tel: (301) 838-8986, Email: syu@yulegal.com, Address: 110 N Washington St., Suite 328E, Rockville, MD 20850.
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