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R
Visa - Temporary Religious Worker
The
Immigration and Nationality Act provides a nonimmigrant visa
category "R" for aliens proceeding to the United States to
work in a religious capacity.
Definitaion
of Religious Workers
Religious workers include ministers of religion who are authorized
by a recognized denomination to conduct religious worship
and perform other duties usually performed by members of the
clergy such as administering the sacraments, or their equivalent.
The term does not apply to lay preachers. A religious vocation
means a calling to religious life, evidenced by the demonstration
of a lifelong commitment, such as taking vows. Examples include
nuns, monks, and religious brothers and sisters. A religious
occupation means a habitual engagement in an activity which
relates to a traditional religious function. Examples include
liturgical workers, religious instructors or cantors, catechists,
workers in religious hospitals, missionaries, religious translators,
or religious broadcasters. It does not include janitors, maintenance
workers, clerks, fund raisers, solicitors of donations, or
similar occupations. The activity of a lay-person who will
be engaged in a religious occupation must relate to a traditional
religious function: i.e., the activity must embody the tenets
of the religion and have religious significance, relating
primarily, if not exclusively, to matters of the spirit as
they apply to the religion.
Background
Requirements
- 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;
-
The applicant has been a member of the denomination for
two years immediately preceding admission;
- The
applicant is entering the United States solely to carry
on the vocation of a minister of that denomination, or,
at the request of the organization, the applicant is entering
the United States to work in a religious vocation or occupation
for the denomination or for an organization affiliated with
the denomination, whether in a professional capacity or
not; and
-
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.
Applying
for the Visa
Religious workers should generally apply at the U.S. Embassy
or Consulate with jurisdiction over their place of permanent
residence. Although visa applicants may apply at any U.S.
consular office abroad, it may be more difficult to apply.
There is no requirement that applicants for R visas have a
residence abroad which they have no intention of abandoning,
but they must intend to depart the United States at the end
of their lawful status.
Required
Documentation
Each applicant for the visa must pay a nonrefundable US$45
application fee and submit:
-
An application form OF-156, completed and signed. Blank
forms are available without charge at all U.S. consular
offices;
-
A passport valid for travel to the United States and with
a validity date at least six months beyond the applicant's
intended period of stay in the United States. If more
than one person is included in the passport, each person
desiring a visa must make an application;
- One
photograph 1 and 1/2 inches square (37x37mm) for each
applicant, showing full face, without head covering, against
a light background.
Additional
Documentation
The applicant must be prepared to present to the consular
officer any or all of the following documentation to verify
that the applicant and the religious organization qualify
for the R status:
-
Proof of tax-exempt status or eligibility for tax-exempt
status; and
- A
letter from an authorized official of the specific unit
of the employing organization certifying: That if the
applicant's religious membership was maintained, in whole
or in part, outside the United States, the foreign and
United States religious organizations belong to the same
religious denomination; That, immediately prior to the
application for the R visa, the alien has been a member
of the religious denomination for the required two- year
period; That, (as appropriate): If the applicant is a
minister, he or she is authorized to conduct religious
worship for that denomination. The duties should be described
in detail; or If the applicant is a religious professional,
he or she has at least a baccalaureate degree or equivalent,
and that such a degree is required for entry into the
religious profession; or If the applicant is to work in
a nonprofessional vocation or occupation, he or she is
qualified if the type of work to be done relates to a
traditional religious function; The arrangements for remuneration,
including the amount and source of salary, other types
of compensation such as food and housing, and any other
benefits to which a monetary value may be affixed, and
a statement whether such remuneration shall be in exchange
for services rendered; The name and location of the specific
organizational unit of the religious denomination or affiliate
for which the applicant will be providing services; and
If the alien is to work for an organization which is affiliated
with a religious denomination, a description of the nature
of the relationship between the two organizations: evidence
of the religious organization's assets and methods of
operation; and the organization's papers of incorporation
under applicable state law.
U.S.
Port of Entry
Applicants should be aware that a visa does not guarantee
entry into the United States. The U.S. Immigration and Naturalization
Service (INS) has authority to deny admission. Also, the period
for which the bearer of a religious worker visa is authorized
to remain in the United States is determined by the INS, not
the consular officer. At the port of entry, an INS official
must authorize the traveler's admission to the U.S. At that
time the INS Form I-94, Record of Arrival-Departure, which
notes the length of stay permitted, is validated. Those visitors
who wish to stay beyond the time indicated on their Form I-94
must contact the INS to request Form I-539, Extension of Stay.
The decision to grant or deny a request for extension of stay
is made solely by the INS.
Additional
Information
Family Members
A nonimmigrant religious worker's spouse and unmarried children
under 21 years of age may be granted derivative status.
They may study but may not accept employment in the United
States.
Time
Limits
Holders of R visas may remain in the U.S. for up to five
years to pursue their calling.
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