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R-1 Category (Religious Worker)
Who can apply?
Any person who, for at least the two (2) years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit religious organization in the United States, may be admitted temporarily to the United States to carry on the activities of a religious worker for a period not proceeding five (5) years.
The applicant must be going to the United States for one of the following purposes:
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(1) Solely to carry on the vocation of a minister of the religious denomination
(2) To work for the religious organization at the request of the organization in a professional capacity
(3) To work for the organization, or a bonafide organization which is affiliated with the, religious denomination, at the request of the organization in a religious vocation or occupation.
Genuine nonprofit religious organization in US means an organization exempted from tax, or
the organization of the Service Center's satisfaction.
Professional Capacity means an activity in a religious occupation for which the minimum of a US baccalaureate degree ox: an equivalent degree is required.
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Religious Denomination means a religious group or community of believers having some form of ecclesiastical government, a creed or statement of faith some form of worship, a formal or informal code of doctrine and discipline, religious services and, ceremonies, established places of religious worship, and religious congregations, or comparable indicia of a bona fide religious denomination.
For the purpose of this definition, an interdenominational religious organization which is exempt from taxation pursuant the Internal. Revenue, Code of 1986 will be treated as a religious denomination.
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Religious occupation means an activity which relates to a traditional religious function.
Examples of persons in religious' occupations function, but are not limited to, liturgical work, religious instructors, religious counselors, cantors, catechists, workers in religious hospitals or religious health care facilities, missionaries" religious translators, or religious broadcasters.
This group does not include janitors, maintenance workers, clerks, fund raisers, or persons involved solely in the solicitation of donations.
Religious vocation means a calling to religious life evidenced by the demonstration of commitment practiced in the religious denomination, such as the taking of vows. Examples of persons with a religious vocation i1ldude, but are riot limited, to, nuns, monks, and religious brothers and sisters.
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Initial Evidence
Any candidate seeking classification as a nonimmigrant religious worker shall present to a United States consular officer, or, if visa exempt, to an immigration officer at a United States port of entry, documentation which establishes to the satisfaction .of the consular or immigration officer that the candidate will be providing services to a bonafide nonprofit religious organization in the United States or to an affiliated religious organization and that the Indian candidate meets the criteria to perform such services. If the candidate is in the United States in another valid nonimmigrant classification and desires to change nonimmigrant status to classification as a nonimmigrant religious worker, this documentation should be presented with an application for change of status (Form I-129, Petition for a Nonimmigrant Worker). The documentation shall consist of
(I) Evidence that the .organization qualifies as a non-profit organization, in the form of either
(a)
Documentation showing that it is exempt from taxation as it relates to religious organizations (in appropriate cases, evidence. of the .organization's assets and methods of operation and the organization's papers of incorporation under applicable state law may be requested) or
(b)
Such documentation as is required by the Internal Revenue Service to establish eligibility for exemption as it relates to religious organizations and
(II) A letter from, an authorized official of the specific organizational unit of the religious organization which will be employing the candidate or engaging the candidate’s services in the United States.
If the Indian candidate is to 'be employed, this letter should come from the organizational. unit which will maintain the candidate's Form 1.,9, Employment Eligibility Verification, that is, the ,organizational unit that is either paying the candidate' a salary or otherwise remunerating the candidate in exchange for services rendered.This, letter must establish:
(a) That, if the Indian candidate's religious membership was maintained, in whole or in part; outside the United States, the Indian and United States religious organizations belong to the same religious denomination
(b) That, immediately prior to the application for the nonimmigrant visa or application for admission to the United States, the Indian candidate had the required two (2) years of membership in the religious denomination
(c) As appropriate
(1) That, if the candidate is a minister, he or she is authorized to conduct religious worship for that denomination and to perform other duties usually performed by authorized members of the clergy of that denomination, including a detailed description of those duties
(2) That, if the candidate is a religious professional, he or she has at least a .United States baccalaureate degree or its foreign equivalent and that at least such a degree is required for entry into the religious profession or
(3) That, if the candidate is to work in another religious vocation or occupation, he or she is qualified in the religious vocation or occupation. Evidence of such qualifications may include, but need not be limited to, evidence establishing that the candidate, is a monk, nun, or religious brother or that the type of work to be done relates to a traditional religious function
(d) The arrangements made, if any, for remuneration for services to be rendered by the candidate, including the amount and source of any salary, a description of any other types of remuneration to be received (including housing, food, clothing, and any 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 organization for which the candidate wilt be providing services within the United States
(f) If the candidate is to work in a non-ministerial and nonprofessional capacity for a bonafide organization which is affiliated with a religious denomination, the existence of the affiliatio and
(III) Any appropriate additional evidence which the examining officer may request relating to the religious organization, the candidate, or the affiliated organization. Such additional documentation may include, but need not be limited to, diplomas, degrees, financial statements, or certificates of ordination.
Note: No prior petition, labor certification, or prior approval shall be requited.
Initial Admission
An initial admission of a religious worker, their spouse, and Unmarried children (less than twenty-one years of age) shall not exceed three (3) years.
A Form I-94, Arrival-Departure Record, shall be provided to every candidate who qualifies for admission as an R nonimmigrant. The Form I-94 for the religious worker shall be endorsed with the name and location of the specific organizational unit of the religious organization for which the candidate will be providing services within the United States. The admission symbol for the religious worker shall be R-1.
Extension of Stay
The organizational unit of the religious organization employing the nonimmigrant religious worker shall use Form I-129, Petition for a Nonimmigrant Worker, along with the appropriate fee, to, extend the stay of the worker. The petition shall be filed at the Service Center having jurisdiction over the place of employment.
An extension may be authorized for a period of up to two (2) years. The worker's total period of stay may not exceed five (5) years. The petition must be accompanied by a letter from an authorized official of the organizational unit confirming the worker's continuing eligibility for classification as an R-1 nonimmigrant.
Change of employers.
A different or additional organizational unit of the religious denomination seeking to employ or engage the services of a religious worker shall be Form I-129 with the appropriate fee. The petition shall be filed, with the service Center having jurisdiction Over the place of employment.
The petition must be accompanied by evidence establishing that the candidate will continue to qualify as are religious worker, under this section. Any unauthorized change to a new religious organizational unit will constitute a failure to maintain status.
Limitation on Stay,
An Indian candidate who has spent five (5) years in the United States may not be readmitted to the United States, under the R visa classification unless he /
she has resided and been physically present outside the United Stated for the immediate prior year" except for brief visits for business or pleasure.
Such visits do not end the period during which he / she is considered, to have resided and been physically present outside the United States, but time spent during such visits does not count toward the requirement.
The religious worker's spouse and unmarried children number twenty-one years of age are, entitled to the same nonimmigrant classification and length of stay as the religious worker, if the religious worker will be employed and residing primarily in the United States, and if the spouse and unmarried minor children are accompanying or following to join the religi9us, worker in, United States.
Note: Neither the spouse nor any child may accept employment while in the United States in R-2 nonimmigrant status.
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