R - Religious Workers

A Form I-129, Petition for Nonimmigrant Alien Worker, approved by U. S. Citizenship and Immigration Services (USCIS), DHS is now required before applying for a religious worker visa. To learn more, see the USCIS Website Petition for a Nonimmigrant Worker, Fact Sheet and Final Rule and the I-129 Religious Worker Checklist [M-736] (PDF, 130KB).

The Immigration and Nationality Act provides a nonimmigrant visa category "R" for aliens proceeding to the United States to work in a religious capacity.

The R-visa is for ministers of religion and full-time religious workers. The requirements for the R-visa are specific and may not be appropriate for many visitors even though their trip to the United States is for a religious activity. Visitors who do not qualify for R-visas may qualify for B-1/2 (business/tourism) visas.

To qualify for an R-visa, the applicant must:

• be a member of a religious denomination having a bona-fide nonprofit, tax-exempted religious organization or affiliation in the U.S.
• have been a member of the denomination for 2 years immediately preceding the application for visa
• be entering the U.S. solely to carry on the vocation of a minister or to work full-time in a religious occupation for that denomination or affiliated organization
• be the beneficiary of an approved I-129 work petition.

Additionally, if the applicant was previously in the U.S. under an R-visa for 5 years, the applicant must have resided and been physically present outside the U.S. for one year immediately prior to the present application for an R-visa.

The applicant’s affiliated denomination must show that it:

• possesses some form of ecclesiastical government
• has a recognized creed and form of worship
• has a formal code of doctrine and discipline
• holds religious services and ceremonies in established places of worship attended by congregations.

Required Additional Documentation

• I-129 Petition [view I-129 Applicant Checklist (PDF)]
• Certificate issued by the U.S. Internal Revenue Service showing the religious organization in the U.S. is tax-exempted or proof that it can qualify if it applied for tax-exempt status
• Letter from an authorized official of the religious organization in the U.S. affirming: (a) the affiliation between the U.S.-based organization and the overseas religious denomination, (b) the duration of the applicant’s membership in the overseas religious denomination; (c) the applicant’s authority to function as a minister of religions, or the nature of the applicant’s responsibilities as a professional religious worker; (d) evidence of a baccalaureate degree if the applicant is a professional religious worker; (e) arrangements for remuneration for the applicant’s services in the U.S.; and (f) the name and location of the religious congregation or organization in the U.S. for which the applicant would be providing services
• 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;
• the organization's papers of incorporation under applicable state law

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.

Last modified on Thu, 11 Mar 2010