| What is the R-1 Visa?
The R-1 Visa is provided to individuals in religious occupations who want to enter the United States to perform services in their religious vocation and be allowed to receive compensation for their work. Is the R-1 Visa subject to the September 30, 2000 sunset clause? No. The September 30, 2000 sunset clause applies to special immigrant professional religious workers and other religious workers. The R-1 Visa is not subject to a sunset clause. What are the requirements to applying for a R-1 Visa?
Who can qualify as a Minister? To qualify as a minister, the applicant must be authorized by the religious organization to conduct religious worship and to perform other duties usually performed by authorized members of the clergy of that religion. Who can qualify as a Professional Worker? To qualify as a professional worker under a R-1 Visa, the applicant must seek to engage in an activity for which the minimum of a U.S. baccalaureate degree or a foreign equivalent degree is required. Who can qualify under the category of other religious workers? To qualify under the category of other religious workers, the applicant must be coming to the U.S. to work in a religious vocation or occupation that relates to a traditional religious function. What are the procedures to apply for an R-1 Visa? A petition by the religious organization in the United States is unnecessary if the applicant will submit a nonimmigrant R-1 visa application (OF 156) to the U.S. Embassy in his or her country. If the minister or religious worker is in the United States and wishes to change his or her status to a R-1, the religious organization in the United States must submit to INS form I-129 with the required supporting documentation. How long can a minister or religious worker stay in the United States with a R-1 visa? The minister or religious worker can only stay in the United States for a maximum period of five years. The initial period of stay is three years, with an option to extend status for an additional two years. Once the five years of R-1 visa status has ben reached, the beneficiary may not be issued a new R-1 visa unless he or she has been physically present outside the United States for the immediate prior year. Disclaimer: The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Also note that the INS fees are subject to change without notice. For current INS fee information contact the U.S. Immigration and Naturalization Service directly |