R1 Visa Overview
Immigration and Nationality Act (INA) 101(a)(15)(R) provides a nonimmigrant visa category “R” for individuals seeking to enter the United States to work in a religious capacity on a temporary basis.
Time Limit: There is a 5 year limit on R-1 status, unless if the employment is seasonal for no more than a 6 month duration per year. After the 5 year limit is met, the R-1 worker would have to leave for 1 year before readmission. Another limitation is that dependents in the US are able to obtain work authorization.
R1 Visa Eligibility
Religious workers include individuals authorized by a recognized employing entity to conduct religious worship and to perform other duties usually performed by authorized members of the clergy of that religion, and workers engaging in a religious vocation or occupation.
• The applicant must be a member of a religious denomination having a bona fide nonprofit religious organization in the U.S.;
• The religious denomination and its affiliate, if applicable, are exempt from taxation, or the religious denomination qualifies for tax- exempt status; and
• The applicant has been a member of the denomination for two years immediately preceding application for religious worker status.
The applicant is planning to work as a minister of that denomination, or in a religious occupation or vocation for a bona fide, non-profit religious organization (or a tax-exempt affiliate of such an organization).
• There is no requirement that individuals applying for “R” visas have a residence abroad that they have no intention of abandoning. However, they must intend to depart the United States at the end of their lawful status, absent specific indications or evidence to the contrary.
• The applicant has resided and been physically present outside the United States for the immediate prior year if he or she has previously spent five years in this classification.
R1 Visa Notes/Exclusions
It is very important for prospective employers to file the petition as soon as possible (but not more than 6 months before the proposed employment will begin) to provide adequate time for petition and subsequent visa processing.
R1 Visa Family Members
Dependents (spouses and unmarried children under 21 years of age) of R-1 workers are entitled to R-2 Visa status with the same restrictions as the principal. Dependents may be students in the U.S., but may not be employed under the R-2 classification. Note: Dependents should file for a change of status or extension of stay on Form I-539 (Application to Extend/change Nonimmigrant Status).
R1 Visa Processing Times may vary: approx from few weeks to few months
R1 Visa Processing Price (Government Filling Fee): from $320 – $1,320 + Consular fee +Translations
R1 Visa Processing Price (Average Attorney Fee): from $1,500 – $2,000
Who Pays The Fee?:
This is dependent on the visa type. In some cases the employer will pay and in some cases, and if it’s a non sponsored visa the applicant would pay. Some employers may request that you pay your own consulate fees and travel to the country, while others may not. It usually depends on the skill level, the type of position and the type of visa. For some visa types it maybe the law of the country that applicants should not pay any fees.
O2 Visa Detailed STEP BY STEP Guide: Request Info
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This info will be a combination of up to date government info, news, outlook and our own substantial knowledge having been in the industry since 1997.The information will be provided free for those that vote, for all others that come after this info is available there will be a charge to cover the cost of research, our expertise and putting it together in a report format.
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