Non-Immigrant Visas - R-1
The R-1 category is reserved for foreign nationals who are coming to the United States temporarily to be employed at least part-time (at least 20 hours per week) by a non-profit religious organization in the United States (or an organization which is affiliated with the religious denomination in the United States) to work as a minister or in a religious vocation or occupation.
The petitioner must typically provide evidence that it is a bona-fide non-profit religious organization, such as an IRC 501(c)(3) letter or other corroborating evidence. The petitioner must document that it is a credible and bona fide organization, which can include but is not limited to tax records, lease or mortgage payments, membership directories and payroll records. The petitioner must document whether the position is for a minister, religious vocation or occupation, and evidence related to how the beneficiary is qualified for the position. The beneficiary must provide evidence that he or she has had membership in a religious denomination having a bona-fide non-profit religious organization in the United States for at least two years immediately preceding the filing of the petition.
The prospective employer submits a petition on the individual’s behalf with the USCIS Service Center with jurisdiction over the individual’s place of employment. A petition is submitted to USCIS along with supporting documentation to evidence the sponsored individual’s qualifications. If the petitioning organization has not recently sponsored a religious worker petition, USCIS will conduct an on-site inspection. The site visit may include an inspection of the employer’s offices, interviews with officers, and a review of employer records. Processing times vary depending upon the USCIS Service Center where the petition is filed. Current processing times are 4 to 6 months, although this is subject to change, and site visits and requests for additional information may add to processing times. Premium processing, whereby for an extra $1,225 USCIS guarantees to work on the petition within 15 calendar days, barring any requests for additional information, is also available, but is unavailable for petitioners that have not passed a site inspection.
The initial grant of stay is for 30 months (2 ½ years), which can be extended for another 2 ½ years up to a maximum stay of 5 years. No numerical cap is placed on the annual admission of these individuals. If and when the petition is approved, individuals outside the United States must take the approval to the U.S. Consulate or Embassy in their home country to apply for an R-1 visa. Processing times for this part of the process depend on the workload of the particular post, but typically can be obtained within several weeks. An individual already in the United States in legal status can sometimes directly change status to R-1 in certain circumstances.
Please contact us or schedule an initial consultation for further information.
|
