The R-1 visa is available for religious workers who are seeking temporary admission to the United States to work in their religious position. R-1 visas are limited to: ministers; people working in a professional capacity in a religious occupation or vocation; or people working for a religious organization or an affiliate in a religious occupation who has been a member of the religious group for at least two years preceding the application. Those in R-1 status can remain in the US for a maximum of five years, at which point they must remain outside of the US for at least one year before applying for R-1 status once more.
Learn more about the R-1 visa here.
If the position for which you are seeking an R-1 visa is not a ministerial position, the R-1 petition becomes a little more complicated. In these positions, the petitioner will have to prove that the proffered position is one of a religious vocation or occupation. Delgado Rompf Bruen has represented a variety of positions in the R-1 visa category and has the expertise to guide our clients on the documents to present to prove to USCIS that the position calls for an R-1 visa.
The R-1 visa requires that beneficiaries receive either salaried or non-salaried compensation from the religious organization for which they will work. If the position is salaried, the religious organization must prove they can pay the beneficiary the proffered wage. If the position is non-salaried, the petitioner must show how they intend to compensate the beneficiary through means other than salary. In either case, Delgado Rompf Bruen is available to assist petitioners with compiling the correct documentation to prove that their beneficiary will be appropriately compensated.
The most important information to include in an R-1 petition is a description of the job duties that will be performed by the beneficiary, including a proposed daily and weekly schedule. This is the information that USCIS will rely on in determining whether the beneficiary qualifies for an R-1 visa. Additional important information includes proof of the petitioning organization’s bona fide religious organization label and proof of the beneficiary’s membership in the religious organization.
Our R-1 questionnaire with all the information required to complete an R-1 petition can be found here.
If you would like to pursue an R-1 visa, you can learn more about scheduling a consultation here. We are also available to assist with extensions of or changes of status to R-1 visas.