Religious Worker FAQ
- Who can apply for a religious worker visa?
- What are the differences between the R-1 nonimmigrant visa and the immigrant religious worker visa?
- Which organizations can sponsor a religious worker?
- How much do I need to be paid?
- Can I work in a second job in addition to my religious occupation?
- How much time will I get on the R-1 visa?
- What documents will I need?
- What is the process for obtaining the visa?
- How long will it take?
- What if I am out of status?
- What about my family?
- How much does it cost?
- How does a lawyer help?
- Does it matter where I am located?
Note: If your question does not appear here, feel free to contact my office at info@pjclaw.net.
1. Who can apply for a religious worker visa?
Religious worker visas are available to people coming to work for a religious organization in the United States as a minister, or in a religious vocation or occupation.
"Ministers" are individuals who are fully authorized by a recognized religious denomination to conduct religious worship and perform other duties normally performed by the clergy.
In a "religious occupation" the duties relate to a traditional religious function, that is, to inculcating and carrying out the religious creed and beliefs of the denomination. Some administrative duties are permissible, as long as the position is not primarily administrative.
A "religious vocation" means a formal lifetime commitment to a religious way of life.
2. What are the differences between the R-1 nonimmigrant visa and the immigrant religious worker visa?
Time permitted in the United States. The R-1 nonimmigrant visa is a temporary visa, with a maximum stay of five years. In contrast, obtaining permanent residence through the immigrant religious worker visa allows a person to live and work permanently in the United States.
Requirements. To obtain R-1 nonimmigrant status, the applicant must have been a member of the sponsoring organization's religious denomination for the two years immediately before the petition is filed. To obtain permanent residency, the applicant must have actually worked for two years in a religious position. Because of this difference, it is common for religious workers to initially enter the United States on an R-1 visa and then apply for permanent residence two years later.
Also, R-1 work can be part time (average of 20 hours per week), while work must be full time (at least 35 hours per week on average) to qualify for the green card.
3. Which organizations can sponsor a religious worker?
Any bona fide non-profit religious organization can sponsor a religious worker. The organization must have a letter from the IRS showing exemption from income tax as a 501(c)(3) organization, or it must be exempt under a group ruling.
4. How much do I need to be paid?
There is no set answer to this question. To qualify for the visa, the applicant must show that he or she will not become a public charge, that is, rely on assistance from the government. That means that the sponsoring organization must offer to cover all the applicant's expenses (as in a religious order, for example) or to compensate the applicant sufficiently.
Although there is no stated minimum salary for religious workers, my office generally recommends individuals receive compensation worth 125% of the federal poverty guidelines, or about $12,000 for one person.
5. Can I work in a second job in addition to my religious occupation?
R-1 status only allows you to work for the sponsoring organization; outside employment is not permitted. However, it is possible to have two or more organizations of the same denomination sponsor you for part-time work with each organization.
Once you obtain permanent residence, you can work outside of the sponsoring organization.
6. How much time will I get on the R-1 visa?
The initial period of time given for an R visa is normally 30 months, with a 30 month extension possible, for a total of five years. This five-year period applies to both R-1 and R-2 (dependent family) status, even if you switch in the middle of your stay.
If you live outside the United States for one year, you regain the five-year maximum stay. Short trips to the U.S. during this time are OK, but they do not count towards the one-year absence.
7. What documents will I need?
The sponsoring organization will need to provide proof of 501(c)(3) status and a letter supporting the visa petition. The organization will also need to provide proof of its ability to compensate the worker, such as financial records, IRS Form 990 (if filed), recent bank statements, and payroll records. The organization may need to provide religious literature, recent utility bills, photos, and other items to show that it is a functioning religious organization. Finally, if there is any question about the denominational membership, the petitioner will need to provide evidence regarding to its and the applicant's shared religious beliefs and forms of worship.
Applicants should provide evidence of their membership in the religious denomination and proof of qualifications for the offered position (experience letters, certificate of ordination, etc.).
8. What is the process for obtaining the visa?
R-1 nonimmigrant status. Whether you are currently in the United States or abroad, the sponsoring organization will need to file a petition with USCIS. If you are abroad, you can apply for a visa at a US consulate once the petition is approved.
Permanent residence. Whether you are in the United States or abroad, the sponsoring organization begins the process by filing the immigrant visa petition with a CIS service center. Once the petition is approved, you file an application for permanent residence with CIS, if in the United States, or, if abroad, apply for an immigrant visa with a US consulate. You become a permanent resident once you enter the United States with the immigrant visa.
9. How long will it take?
R-1 nonimmigrant status. US consulates are normally able to issue an R-1 visa in a matter of days, while it takes much longer for CIS to adjudicate the petitions in the United States, usually 2-3 months or longer. It is possible to have the petition decided in 2 weeks through premium processing, for an extra fee. Premium processing is currently only available to organizations where there has been a successful site visit in the previous five years.
Permanent residence. Expect the immigrant visa petition to take 6 months or more.
Once the petition is approved, consular processing normally takes 2-3 months. If you are in the United states, the application for permanent residence for people in the United States may take over a year depending on where it is filed, but during this time you can travel and work with CIS permission. It is also possible to file the application for permanent residence concurrently with the I-360 petition, depending on visa availability.
10. What if I am out of status?
If you are out of status (i.e., you have overstayed your visa or you entered without one), in most cases you cannot change status to R-1 religious worker or adjust status to permanent resident. You may be successful by returning to your country to apply for the religious worker visa, but there are serious penalties for staying in the United States illegally. It's recommended to speak to a lawyer before choosing this course of action.
11. What about my family?
R-1 nonimmigrant status. Your spouse and children under 21 may live--but not work--in the United States on R-2 status. Family members apply for an R-2 visa at a US consulate or file a separate petition to change their status if in the United States.
Permanent residence. Your spouse and children under 21 are included in the immigrant visa petition, so that they are eligible to apply for permanent residence once the petition is approved. In addition, your family members in the United States are eligible for work authorization while the applications for permanent residence are pending.
12. How much does it cost?
R-1 nonimmigrant status. If applying overseas, the fee for the visa is $100 for each family member.
The CIS fee to change your status in the United States is $320. The fee for family members in the United States is $300, everyone included.
My office charges $1000 for R-1 cases, and an additional $200 for family (everyone included).
Permanent residence. The CIS fee for the immigrant petition is $375.
Overseas consular processing for the immigrant visa costs $400 for each family member, not including the medical exam.
CIS fees for permanent residence applications in the United States run about $1300 per person, including the medical exam.
My office charges $1500 for immigrant religious worker petitions and $800 for the consular processing or adjustment applications in the United States. Additional family members are $400 for a spouse and $200 per child.
Note: These fees are subject to change. I may charge more if the case presents more complex issues. All fees are agreed to before work begins.
13. How does a lawyer help?
My office will assist you to determine eligibility for religious worker visas, to prepare and file the necessary paperwork, and to see the process through to its successful conclusion.
Before opening my own practice, I worked for several years as an immigration lawyer with a large religious organization. Over the last twelve years, I have handled numerous religious worker cases presenting a variety of legal issues. I have the experience to help your case come out right.
14. Does it matter where I am located?
My office can assist you with religious worker visas no matter where you are. Because immigration is federal administrative law, the law is the same for all of the United States, and a lawyer licensed in any state may represent clients throughout the country. All the paperwork can be prepared and filed through email, fax, and snail mail.