Visa for Religious Workers

 

Who are religious workers?

 

Religious workers are preachers of religion or those who work for a particular religion.  These religious workers are generally authorized by some religious organization, which wants that worker to come to the United States and perform a religious activity as required by its recognized religious authority.

 

The following are the requirements that would qualify an individual as a religious worker:

  • A religious worker needs to be a member of the particular organization (which qualifies as a religious organization as per the US religious workers immigration guidelines) for at least 2 years
  • He or she needs to be a preacher or minister of that religious organization
  • The religious organization needs to be a recognized non-profit institution with a tax exempt status

 

The types of Religious Visas:

 

Religious workers who intend to go to the United States are required to obtain a religious worker visa.  This visa could either be a temporary visa or a legal permanent visa. The temporary visas are given an ‘R’ status and the permanent visas provide the individuals with an ‘SD’ status.

 

A further classification of the ‘R’ category (Non immigrant Visa) is as follows:

 

  • R-1 Visa – The R-1 visa is provided to religious workers, allowing them to legally work in the US for religious purposes for a time period of up to 5 years.
  • R-2 Visa – Individuals with an R-1 visa may apply for an R-2 visa, which would allow them to bring their spouses and unmarried children who are under the age of 21.

It is not permissible for individuals with an R-2 visa to work in the United States. They may only be in the country as visitors.  If a religious worker wishes to stay beyond a period of 5 years, he or she has to depart from the United States for a period of 1 year. Thereafter he or she may apply for a green card.

 

Visa for religious workers needs the following documentation to be completed:

 

A Form-129 application is required for an R-1 visa.  Additional documents may be required as part of the Form-129 application.  The individual will also be required to provide proof that he or she is employed with a non-profit organization. Recommendation letters may be requested from the individual.

 

An ‘SD’ Immigrant visa:

 

An SD visa enables a person to stay in the United States permanently.  However, he or she would have some restrictions.

 

The following people could be denied of an SD visa:

  1. Individuals with communicable diseases.
  2. Individuals with a dangerous mental or physical disorder.
  3. Drug Addicts
  4. Individuals who have committed some criminal activity

It is recommended that an individual seek help from an attorney to properly apply for a visa for religious workers.