R1 Visa Guide United States

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R1 Visa Guide

• Everything You Need to Know About the R1 Visa

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R1 Visa

• Religious workers interested in pursuing
  religious work in the United States may consider
  pursuing the R1 visa. The R1 nonimmigrant visa
  allows religious workers to work for a qualifying
  nonprofit religious organization or church for a
  maximum period of five years.

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Overview

1. Introduction to the R1 Visa
2. R1 Visa Benefits
3. R1 Visa Requirements
4. R1 Visa Process
5. R1 Employment
6. R1 Adjustment of Status
7. Conclusion

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1. Introduction to the R1 Visa

• The R1 visa is designed to allow people to come
  to the U.S. to develop their religious vocation,
  religious occupation, or ministry. These
  categories come with specific criteria that must
  be fulfilled.
• For example, those pursuing a religious vocation
  may be nuns, monks, or others who undertake a
  lifetime vow.
• Those pursuing religious occupations must be
  those performing religious duties that deal with
  traditional religious functions and that relate
  to the faith on a fundamental level.
• Finally, those entering as a minister must be a
  trained member of the clergy, work as a minister,
  and perform ministerial duties.
• The religious denomination and organization must
  be bona fide groups. Our office can help you
  determine whether your organization counts toward
  this requirement.

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2. R1 Visa Benefits

• Can bring immediate family members
• Under the R1 visa, a person can bring their
  spouse and children under R-2 status. They are
  not allowed to work in the United States. The
  reason for them coming to the United States must
  be to accompany the R1 holder.
• Can Live in the United States
• Under R1 visa status, a person can extend their
  stay in the United States up to 5 years.
• Can Work in the Religious Organization as a
  Non-professional
• There is no degree requirement for those pursuing
  religious occupations. Their job must simply
  include traditional religious functions.
• Dual Intent Visa
• The R1 Visa is a dual intent visa that allows
  applicants to pursue green card status if they so
  choose.

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3. R1 Visa Requirements

• Be a member of the religious denomination
• One of the key requirements for the R1 visa is
  being a member of a religious denomination for at
  least two years before the time the application
  is submitted.
• The religious denomination must be a bona fide
  nonprofit organization exempt from taxes under
  section 501(c)(3) of the Internal Revenue Code of
  1986. They must have a determination letter from
  the IRS stating that they are tax exempt.
• Be a religious worker coming to work
• Religious workers must work at least on a
  part-time basis that averages 20 hours per week.
• Or Be a minister coming to work
• A minister may come to perform a religious
  vocation or occupation. A minister is defined as
  someone with full authority granted by a
  religious denomination. They must be fully
  trained and conduct religious worship and other
  duties that the clergy conducts.
• Must be petitioned for
• The R1 is not a self-petitioning visa. Rather,
  you need someone to request that you come to the
  United States to work. They would fill out the
  Form I-129.
• Can be petitioned for by multiple employers
•  On an R1, you can work for multiple qualifying
  employers as long as each employer submits a
  separate petition with documentation as USCIS
  requires.

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4. R1 Visa Process

• The R1 Visa process begins with the U.S. employer
  filing the Form I-129, Petition for Nonimmigrant
  Worker. In order to receive an R1 visa at a US
  Embassy or Consulate, there needs to be an I-129
  approval given by USCIS.
• The following evidence may need to be included
  with your petition
•  
• A letter of support
• Job description and duty chart with percentage of
  time for certain duties breakdown
• A current and valid determination letter from the
  IRS showing that the organization is tax-exempt
• Proof of compensation.
• Self-support will only be considered for certain
  nonimmigrant missionaries.
• Evidence of funding for compensation. The
  organization needs to demonstrate through past
  records, budgets, etc. just how the position will
  be compensated.
• Documentation that confirms religious nature and
  purpose of organization. Such evidence can
  include books, brochures, flyers, and other
  religious literature.
•  

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• If the religious worker will be self-supporting,
  the following evidence may need to be provided
•  
• Proof that the position is part of an
  established, international missionary program
  sponsored by the denomination
• Past R1 recipients
• Proof that missionary workers are traditionally
  uncompensated
• Proof of formal training for missionaries
• Proof that such missionary work is part of
  religious development in this denomination
• Description of duties and responsibilities
• Religious workers bank records and other
  financial documents that demonstrate sources of
  support
•  
• The consulate or embassy will then determine
  whether the beneficiary is eligible to receive
  the R1 visa. However, Customs and Border Patrol
  will still have ultimate authority when it comes
  to allowing beneficiaries into the country. 

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5. R1 Duration of Stay

• R1 holders can apply for extension of status or
  readmission under R1 status for up to 30 months
  as long as their stay is not more than 5 years
  maximum. After the extension is granted, the R-2
  dependents must file a form I-539, Application to
  Extend/Change Nonimmigrant Status.
•  
• To be eligible to return to the U.S. after
  spending the full 5 years inside the U.S., the R1
  worker must spend a total of one year outside the
  U.S.
•  
• Exceptions apply to R1 holders who do not live
  inside the United States continually, lived
  abroad and commuted to the United States, or
  whose work was seasonal, intermittent, or for
  less than six months per year. Proof needs to be
  provided of these conditions. Such evidence can
  be arrival-departure records, records of
  employment abroad, and tax returns.

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5. R1 Duration of Stay

• R1 holders can apply for extension of status or
  readmission under R1 status for up to 30 months
  as long as their stay is not more than 5 years
  maximum. After the extension is granted, the R-2
  dependents must file a form I-539, Application to
  Extend/Change Nonimmigrant Status.
•  
• To be eligible to return to the U.S. after
  spending the full 5 years inside the U.S., the R1
  worker must spend a total of one year outside the
  U.S.
•  
• Exceptions apply to R1 holders who do not live
  inside the United States continually, lived
  abroad and commuted to the United States, or
  whose work was seasonal, intermittent, or for
  less than six months per year. Proof needs to be
  provided of these conditions. Such evidence can
  be arrival-departure records, records of
  employment abroad, and tax returns.

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6. R1 Adjustment of Status

• Because the R1 visa is a dual intent visa, an R1
  holder can pursue a multitude of visa options
  including immigrant visa options.
•  
• They can pursue non-immigrant visa options like
  the H-1B, F-1, and employment-based immigrant
  categories such as EB-2 and EB-3. The
  classification can therefore be changed without
  the issue of intent coming into play.

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7. Conclusion

• The R1 visa is an excellent visa for those
  seeking to perform religious vocations or
  occupations. Religious workers who may not
  qualify for employment under other visa
  categories may find that the R1 is suitable for
  them.

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If you have any questions on any of the
information discussed in this guide, Please visit
Website for or Contacts for more
Michael_at_AshooriLaw.com
818-741-1117
21700 Oxnard St, Suite 360, Woodland Hills, CA
91367
https//www.ashoorilaw.com/