R Visas

The Immigration and Nationality Act provides two categories of religious workers. Section 101(a)(27)(C) provides immigrant status, while section 101(a)(15)(R) provides non-immigrant status for religious workers. Both categories include the spouse and minor unmarried children of the religious worker. The spouse and children of a non-immigrant religious worker are entitled to derivative non-immigrant visas. Dependents may study but not accept employment in the United States.

DEFINITION OF RELIGIOUS WORKERS

Religious workers include ministers of religion who are authorized by a recognized denomination to conduct religious worship and perform other duties usually performed by members of the clergy such as administering the sacraments, or their equivalent. The term does not apply to lay preachers. A religious vocation means a calling to religious life, evidenced by the demonstration of a lifelong commitment, such as taking vows. Examples include nuns, monks, and religious brothers and sisters. A religious occupation means a habitual engagement in an activity which relates to a traditional religious function. Examples include liturgical workers, religious instructors or cantors, catechists, workers in religious hospitals, missionaries, religious translators, or religious broadcasters. It does NOT include janitors, maintenance workers, clerks, fund raisers, solicitors of donations, or similar occupations. The activity of a lay person who will be engaged in a religious occupation must relate to a traditional religious function: i.e. the activity must embody the tenets of the religion and have religious significance, relating primarily, if not exclusively, to matters of the spirit as they apply to the religion.

NON-IMMIGRANT RELIGIOUS WORKERS - "R" VISA

From December 1, 2008, the religious employment must be approved in advance by the United States Citizenship and Immigration Services (USCIS) in the United States on the basis of a petition, form I-129R filed by the United States employer, before the Minister of Religion or Religious Worker applies for the visa at the Embassy or Consulate.If an R-1 petition has been approved in your name you will be required to apply for a visa before traveling to the United States. The Notice of Action, form I-797A or B, is not valid for travel unless accompanied by the appropriate visa.

Criteria for "R" classification are:

• The applicant is a member of a religious denomination having a bona fide non-profit religious organization in the United Sates;
• The religious denomination and its affiliate, if applicable, are exempt from taxation, or the religious denomination qualifies for tax-exempt status;
• The applicant has been a member of the organization for two years immediately preceding the admission;
• The applicant is entering the United States solely to carry on the vocation of a minister of that denomination; or
• At the request of the organization, the applicant is entering the United States to work in a religious vocation or occupation for the denomination or for an organization affiliated with the denominations, whether in professional capacity or not; and
• The applicant has resided and been physically present outside of the United States for the immediate prior year if he or she has previously spent five years in this classification.

TO PROCESS YOUR RELIGIOUS WORKER VISA YOU MUST PRESENT THE FOLLOWING DOCUMENTATION

• Original Notice of Action, form I-797.
• BNL receipt of payment of the non-refundable Machine Readable Visa application fee.
• The completed visa application form DS-156 and DS-157 (when applicable).
• A passport valid for travel to the United States. If more than one person is included in the passport, each individual desiring a visa must make a separate application;
• One passport size photo for each visa applicant, including infants (see the "Photo Requirements" webpage).