Non-Immigrant Visas
R- Religious worker
An R-1 visa is available to those aliens who seek to temporarily enter the U.S. for a religious purpose. The following criteria is necessary to qualify under the R-1 visa:
- The alien must be a member of a religious denomination for the two years immediately preceding the filing of the application;
- The religious denomination must be a bona fide, nonprofit organization; and
- The alien intends to work in the U.S. for that religious organization either as a minister or in a professional capacity in a religious vocation.
The initial R-1 visa is valid for up to three years. An alien may request an extension of the R-1 visa for an additional period of two years. Because the alien on the R-1 visa enters the U.S. with the specific intent to work in a religious capacity, the R-1 visaholder is permitted to engage in employment while in the U.S. However, the alien must only work for the religious organization indicated on the alien’s I-94 card. An alien may work for another religious organization after filing the correct petitions with the USCIS.
Spouses and unmarried children under 21 years of age may accompany the R-1 alien. These dependants will be given the R-2 visa. Similar to the L-2 and H-4 visas, the R-2 aliens are dependant on the R-1 alien maintaining lawful status in the U.S. While R-2 visaholders may not engage in lawful employment in the U.S., they may attend school.
In certain instances, the R-1 non-immigrant may qualify for permanent residency as a special immigrant religious worker. To qualify as such, the alien must have been engaged in their religious vocation or ministry for the two-year period immediately preceding the filing of the application. This differs from the R-1 visa as the non-immigrant only needs to be a member of the religious affiliation and does not need to have actually been employed by that affiliation.
The list of non-immigrant visas available to aliens can be found in INA §101(a)(15) and include:
- Ambassador, public minister, or career diplomatic or consular officer;
- Visitor for business or pleasure;
- Individual in immediate and continuous transit;
- Alien crewman;
- Treaty investor or trader;
- Academic student;
- Designated principal representative of a foreign government;
- Temporary worker;
- Representative of the foreign press, radio, film;
- Participant in an approved exchange program;
- Fiance of a U.S. citizen;
- Intracompany transferee;
- Vocational student;
- Parent or child of an alien with special immigrant status;
- Alien with extraordinary ability in the sciences, arts, education, business, or athletics;
- Artist or entertainer;
- Participant in an approved international cultural exchange program;
- Religious worker;
- Criminal informant;
- Victim or informant of trafficking;
- Victim and informant of certain criminal activity; and
- Certain beneficiary of permanent residency application filed by lawful permanent resident.
