R Category: Religious Workers
The R-1 classification
applies to a religious worker. This is an alien coming to the
U.S. temporarily to work:
- As a minister of religion,
- As a professional in a religious vocation or occupation,
or
- For a bona fide nonprofit religious organization at the
request of the organization, in a religious occupation which
relates to a traditional religious function.
Requirements
The applicant (religious
worker) must have been a member of a religious denomination
having a nonprofit religious organization in the United States
for at least two years immediately prior to the application
date. To be eligible, the U.S. petitioning organization must
be a nonprofit religious organization granted (or eligible for)
tax exempt status, and must demonstrate that it can and will
provide for all of the R-1 beneficiary's financial and physical
needs.
It is very important
to establish that your religious occupation relates to a traditional
religious function through a detailed explanation of the duties
and requirements for the position and that the position is recognized
as a religious occupation in this denomination or organization.
The cases where the USCIS
initiates an inspection at the organization prior to adjudicating
the R petition have been increasing.
Dependents
Dependents (spouses and unmarried
children under 21 years of age) of R-1 workers are entitled
to R-2 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.
Petition Document
Requirements
The petition may be filed
by an authorized official of the U.S. organization and must
be filed with evidence:
- showing that the religious organization or any affiliate
which will engage the alien's services is a bona fide nonprofit,
religious organization in the U.S. and is exempt from taxation
in accordance with section 501(c)(3) of the Internal Revenue
Code of 1986;
- that the alien will be working as a minister of religion,
or in a religious vocation or occupation and that the proffered
position is recognized as a religious occupation related to
a traditional function in this religious denomination or organization;
- that the alien has been a member of the denomination for
the required two years and is qualified for the work;
- that the arrangements, if any, for salary, benefits, and
other compensation are being provided by the employer or contract
from the employer in the U.S and proof, such as bank statements,
that the employer is able to support the applicant above the
poverty line; or
- Recommendation letters to further support your case.
Green Card
You may apply for a Green Card by filing special immigrant petition
upon the approval of which you will file for adjustment of status.
