THE SHEENA LAW FIRM
Attorney & Counselor at Law

 

Religious Workers

Individuals can pursue a religious worker visa to obtain worker status in the United States. A religious worker visa or R-1 visa, is a long-term temporary visa that allows individuals to live in the United States for the purpose of pursuing religious work. Some religious workers can also apply for green cards.

There are three basic categories of workers who are eligible for R-1 status:

  • Minister - A person who is authorized to conduct religious worship services and to perform other duties usually performed by authorized members of the clergy of that religion. This includes Buddhist monks.
  • Professional Workers - A person working in a professional capacity in a religious vocation or occupation. This person must have a baccalaureate degree or a foreign equivalent in a field related to their religious occupations.
  • A person working in a Religious Occupation or a Religious Vocation.

A religious vocation is defined as a calling to religious life, shown by a demonstration of a lifelong commitment; for instance, taking vows. Nuns, monks, and religious brothers and sisters are examples of religious workers.

Factors to consider in determining a religious denomination are:

  • Ceremonies
  • Common belief or statement of faith
  • Duration of Visa
  • Established places of worship
  • Evidence of a bona fide religious organization
  • Formal code
  • Form of worship
  • Presence of some form of ecclesiastical government
  • Recognized creed and form of worship
  • Religious congregation
  • Religious services

In order to receive an R-1 visa, your religious order, denomination, community, or group must have a tax exempt status. Unlike other work-related visa, you are not required to provide proof of income from a church, mosque, synagogue, or other religious organization in order to receive an R-1 visa. The government does require, however, that proof be provided that your particular religion exists.

In order to qualify you must establish the following:

  • That you have been a member of the particular religious denomination for at least two years.
  • That you have been offered temporary full-time employment to work as a religious worker with a qualifying US religious organization.
  • That the religious organization is a nonprofit organization as determined by the Internal Revenue Service.

The Religious Workers Visa is Suitable for:

  • Foreign nationals performing traditional religious functions such as religious instructors, counselors, catechists, workers in religious health care facilities and religious broadcasters.
  • Immediate family members of religious worker Green Card applicants.
  • Recognized religious organizations to sponsor the Green Card application for their religious workers.
  • Religious workers such as ministers, priests, nuns, rabbis, ordained deacons and monks authorized by recognized religious organizations to conduct religious activities.

The Sheena Law Firm can assist individuals and communities interested in bringing religious clergy and workers to the United States in documenting their existence and tax exempt status. We work with you and immigration officials in order to ensure all information is properly prepared and submitted on time. Contact The Sheena Law Firm today to discuss your case.


Danny M. Sheena, P.E.

 
The Sheena Law Firm
2500 West Loop South, Suite 518
Houston, Texas 77027
 
(713) 224-6508 - Office
(713) 225-1560 - Fax
 

Email: [email protected]

 

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