Religious workers

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Immigration >> Employment Based Petition >> Religious workers

Additional Documentation
The I-360 petition must be accompanied by: A letter from the authorized official of the religious organization establishing that the proposed services and applicant qualify as listed above; A letter from the authorized official of the religious organization attesting to the applicant''s membership in the religious denomination and explaining, in detail, the person''s religious work and all employment during the past two years, and for the proposed employment; and Evidence establishing that the religious organization, and any affiliate which will employ the person, is a bona fide nonprofit religious organization in the U.S. and is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986.

Criteria
A religious worker is a person who for the past two years has been a member of a religious denomination which has a bona fide nonprofit, religious organization in the United States; and who has been carrying on the vocation, professional work, or other work described below, continuously for the past two years; and seeks to enter the U.S. to work solely: -- As a minister of that denomination; or -- In a professional capacity in a religious vocation or occupation for that organization; or -- In a religious vocation or occupation for the organization or its nonprofit affiliate.

Documents for Visa Application
All applicants must submit certain personal documents such as passports, birth certificates, police certificates, and other civil documents, as well as evidence that they will not become public charges in the United States. The U.S. consular office will inform visa applicants of the documents needed as their applications are processed.

Family Members
An immigrant religious worker’s spouse and unmarried children under 21 years of age may be granted derivative immigration status. The religious worker must work for a "bona fide, nonprofit, religious organization" or a "bona fide organization which is affiliated with the religious denomination." A bona fide, nonprofit, religious organization is described in INS regulations as one that would be tax exempt under the Internal Revenue Code. The organization does not need to have ever sought tax exempt status, but need only prove to the INS that it is eligible for such status. A bona fide organization which is affiliated with a religious denomination is one closely associated with the religious denomination. It must also be eligible to tax exempt status under the Internal Revenue Code.

How do I Apply?
There are 2 general steps in the application process for an (R-1) visa. The application procedures may be carried out either within the U.S. at a USCIS office, or abroad at the U.S. consulate of your country of residence. Your employer will file your Petition (I-129 and R Supplement) with the appropriate USCIS regional service center at least 45 days and no more than six months before the employment is to begin. If the Petition is approved, you will now file an Application for an R visa including several optional forms, "DS" . R visas are generally given at a U.S. consulate in your home country. If you apply in the United States, you will receive an R status, but not a visa which means if you leave the United States temporarily, you will need to reapply for an R visa.

Medical Examinations
Before the issuance of an immigrant visa, every applicant, regardless of age, must undergo a medical examination. The examination will be conducted by a doctor designated by the consular officer. Examination costs must be borne by the applicant, in addition to the visa fees.

Numerical Limitations
Whenever there are more qualified applicants for a category than there are available numbers, the category will be considered oversubscribed, and immigrant visas will be issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached. The filing date of a petition becomes the applicant’s priority date. Immigrant visas cannot be issued until an applicant’s priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates.

Petition
Any person, including the applicant, can file a Form I-360 petition with the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) for a person who meets the religious worker criteria. A petition for a person who is not a minister may only be filed until October 1, 2000, and any immigrant visa issued to such person shall not be valid beyond October 1, 2000. After the petition is approved by the USCIS, the applicant will be sent instructions on how to apply for a fourth preference special immigrant visa for religious workers.

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. Religious vocation means a calling to religious life, evidenced by the demonstration of a lifelong commitment, such as taking of vows. Examples include nuns, monks, and religious brothers and sisters. 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. 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.

Visa Fees
Each immigrant visa application processing fee (per person) is (US) $335. Fees must be paid for each intending immigrant regardless of age, and are not refundable. Local currency equivalents are acceptable. Fees should not be sent to the consular office unless requested specifically. The USCIS charges additional fees for filing petitions.

VISA INELIGIBILITY/WAIVER
The immigration laws of the United States, in order to protect the health, welfare, and security of the United States, prohibit the issuance of a visa to certain applicants. Examples of applicants who must be refused visas are those who: have a communicable disease such as tuberculosis, or have a dangerous physical and mental disorder, or are drug addicts; have committed serious criminal acts; are terrorists, subversives, members of a totalitarian party, or former Nazi war criminals; have used illegal means to enter the United States; or are ineligible for citizenship. Some former exchange visitors must live abroad for 2 years. If found to be ineligible, the consular officer will then advise the applicant if the law provides for some form of waiver.

Who Can Apply?
rganization continuously for the past two years. You must have a job offer to work with a U.S. affiliate. You must carry on the vocation of a minister of the Religious denomination. (or) You must work in a professional capacity in a Religious vocation or occupation or organization within that denomination. (or) You must work in a Religious vocation or occupation for an organization within the denomination or for a bona fide organization which is affiliated with the Religious Denomination. Bona fide religious organizations must have tax exempt status as an organization described in section 501 C of the Internal revenue code of 1986. Accompanying relatives of R-1 visa holders can get R-2 visas which allow them to stay in the United States, but not work. However the R-2 visa allows studying in the US. Note: Certain Religious Activities may be undertaken on a B-1 Visa, these include: Missionary Work, Evangelical Tour, Preaching (if you are not paid) and Voluntary Service Program.

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