Religious Workers Colorado Immigration Law Firm Helping Religious Workers Obtain Visas
Colorado immigration attorney Lisa E. Battan is committed to helping religious workers from around the world come to the U.S. The following is intended to provide a general overview of religious worker immigration issues. To discuss your unique situation, contact a lawyer dedicated to helping you reach your goals – a lawyer like Lisa E. Battan.
An R-1 visa is for Religious Workers who intend to work for a religious organization in the U.S. which has been granted IRS 501(c)(3) status. The worker must have been a member of the religion for two years prior to making application for an R visa. The worker may spend a maximum of five years in this status. At the end of the five years, the worker must live abroad for one year (with only brief visits to the U.S. allowed) before they can again apply for another R visa. The worker is generally granted an initial stay of three years. Renewal applications are granted for two years at a time.
Permissible Categories of Religious Work
There are three basic categories of workers who are eligible for R-1 status:
- Minister - this is a person who is authorized to conduct religious worship services and to perform other duties usually performed by authorized members of the clergy of that religion. This includes Buddhist monks;
- Professional Workers: A person working in a professional capacity in a religious vocation or occupation. This person must have a baccalaureate degree or a foreign equivalent in a field related to their religious occupations;
- A person working in a Religious Occupation or a Religious Vocation.
- Religious occupation is defined as an activity that related to a traditional religious function. The very nature of the activity must embody the tenets of the particular religion and have religious significance i.e., the performance of the activity must constitute "practice" of the religion. Examples include liturgical workers, religious instructors, and religious translators. Occupations such as janitors, maintenance workers, clerks, fundraisers, and similar occupations are specifically excluded from this group.
- Religious vocation is a calling to religious life evidenced by the demonstration of commitment practiced in the religious denominations such as the taking of vows. An alien who has taken vows or the equivalent, and has made a lifelong commitment to a religion, is presumed to be engaging in activities relating to a traditional religious function regarding of the nature of the activity to be performed.
The USCIS application or the support letter given to the R-1 applicant who applies outside the U.S. should address which category of work applies to the applicant.
Other Types of Work
Tourist visas are appropriate for those performing only missionary work or for a minister who will exchange positions with a foreign minister.
Tourist visas are not appropriate for anyone who is expected to exchange services for a benefit, even if that benefit is not in the form of pay (i.e., only room or board.)
Procedures
If the worker is outside the U.S., application for the visa must be made at a U.S. consulate where the worker resides or at the port of entry for Canadians.
If the worker is inside the U.S., an application may be made at the appropriate regional service center of the USCIS for either an extension of stay or a change of status. USCIS must receive the application prior to the expiration of beneficiary's current stay.
A person present in the U.S. in visa waiver status cannot extend or change their stay. They must leave the U.S. and make their application at the U.S. consulate abroad. People who have overstayed their prior visa or the date written on their I-94 may not change or extend their status (except through marriage to a U.S. citizen.) They must leave the country immediately.
Work Authorization
The person may only work for the petitioning employer in the position described. If material changes are made to the job duties or the job location, then an application to amend or change the person's R-1 status must be made. That application must be approved prior to the applicant accepting the new position.
Derivative Status
Spouses and minor children may apply for R-2 visas. An R-2 visa will allow the dependent to remain in the U.S. as long as the principal visa holder is in valid R-1 status.
Permanent Residence in the U.S.
The religious organization may file an Immigrant Petition on behalf of all workers which qualify for R-1 status as long as the worker has worked for the organization for two years prior to making the application. (R-1 applicants must only show two years of membership in the organization.) Once the Immigrant Petition is approved, the worker and any dependents may apply for permanent residence in the U.S. It currently takes USCIS about fifteen months to approve the Immigrant Petition. It takes about two years for USCIS to approve an application for permanent residence.
The filing of the Immigrant Petition does not give the worker the ability to live or work in the U.S. Thus, the Immigrant Petition should be filed well before the beginning of the worker's fourth year in R-1 status. The worker must be in valid status on the date the permanent residence application is filed. The filing of the permanent residence application gives the worker the ability to stay in the U.S. At this time the worker can apply for separate work authorization. The worker no longer needs to rely on the R visa to live and work in the U.S.
Last Words
This website is for general guidance only. The letter does not explain everything about immigration law, which is a vast and ever changing area of law. Furthermore, individual's situations differ. Thus, it would be best for all individuals to have a consultation with an immigration lawyer prior to their admission in R-1 status and at any time the person's situation or circumstances may change
We represent clients throughout Colorado and the U.S., as well as those from around the world, including Argentina, Nepal, Canada, the European Union, Mexico, Philippines, Tibet, India, China and elsewhere.
Contact religious worker visa lawyer Lisa E. Battan to discuss your situation today. We look forward to helping you successfully navigate the immigration process.
