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

Religious workers may apply directly to a United States consular office for a non-immigrant "R" visa. There is no requirement that applicants for R visas have a residence abroad which they have no intention of abandoning, but they must intend to depart the United States at the end of their lawful status. Holders of the "R" visas may remain in the United States for up to five years to pursue their calling.

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

• 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).
• Proof of tax-exempt status, or eligibility for tax-exempt status.
• A letter from an authorized official of the specific unit of the employing organization certifying:
  a) That if the applicant’s religious membership was maintained, in whole or in part, outside the United States, the foreign and United States religious organizations belong to the same religious denomination;
  b) That, immediately prior to the application for the R visa, that alien has been a member of the religious organization for the required two-year period;
  c) That, (as appropriate):
  1) if the applicant is a minister, he or she is authorized to conduct religious worship for the denomination. The duties should be described in detail; or
  2) if the applicant is a religious professional, he or she has at least a baccalaureate degree or equivalent, and that such a degree is required for entry into the religious profession; or
  3) if the applicant is to or in a non-professional vocation or occupation, he or she is qualified, and, for a religious occupation, that the type of work to be done relates to a traditional religious function;
  d) The arrangements for remuneration, including the amount and source of salary, other types of compensation such as food and housing, and other benefits to which a monetary value may be affixed, and a statement whether such remuneration shall be in exchange for services rendered.
  e) The name and location of the specific organizational unit of the religious denomination or affiliate for which the applicant will be providing services;
  f) If the alien is to work for an organization which is affiliated with a religious denomination, a description of the nature of the relationship between the two organizations.
• Evidence of the religious organization’s assets and methods of operation.
• The organization’s papers of incorporation under applicable state law.