1. What is an R-1 visa?
An R-1 visa is a nonimmigrant visa that allows a foreign national to enter the United States for up to 30 months in order to be employed by a religious organization or corporation as a minister or a religious worker.
2. How long is an R-1 visa valid for?
An R-1 visa is generally valid for up to five years from the date of issuance.
3. What is the duration of stay on an R-1 visa?
The maximum duration of stay on an R-1 visa is usually five years, but can be extended in increments of up to two years at a time.
4. What is the minimum annual salary requirement for a religious worker visa holder?
The minimum annual salary requirement for a religious worker visa holder is $24,000.
5. Are there any special restrictions on R-1 visa holders?
Yes, there are a few restrictions on R-1 visa holders. These include:
-R-1 visa holders must have a sponsoring religious organization in the United States
-R-1 visa holders must prove that they are coming to the United States for a specific religious occupation
-R-1 visa holders are not allowed to engage in any form of employment other than the specific religious occupation for which they were granted the visa
-R-1 visa holders must not abandon their religious organization in the United States and must remain employed by the same organization for the duration of their stay
-R-1 visa holders cannot stay in the United States for longer than five years in total
6. Can R-1 visa holders bring their families to the U.S.?
No, R-1 visa holders are not allowed to bring their families to the U.S. with them.
7. Is it possible to extend an R-1 visa?
Yes, it is possible to extend an R-1 visa. You must apply for an extension with the U.S. Citizenship and Immigration Services before the current R-1 visa expires. The application must be filed at least 45 days before the expiration date listed on the visa. If your R-1 visa is extended, you may stay in the United States for up to an additional 5 years.
8. What are the requirements for changing from an R-1 to a permanent residence status in the U.S.?
The requirements for changing from an R-1 to a permanent residence status in the U.S. are as follows:
1. You must have a qualifying employer who has filed Form I-140, Immigrant Petition for Alien Worker, with the USCIS or have obtained an approved labor certification application from the Department of Labor.
2. You must be able to demonstrate that you have the required qualifications for the job offered.
3. You must prove that you can support yourself financially during your stay in the U.S. and that you have the necessary funds to cover your living expenses while you are here.
4. You must show that you will not become a public charge in the U.S., meaning that you will not be dependent on any government assistance during your stay here.
5. You must pass all required medical exams and background checks.
6. You must pay all relevant filing fees and any other costs associated with your application for permanent residence status in the U.S..
9. Can R-1 visa holders apply for a Green Card?
Yes, R-1 visa holders can apply for a Green Card. They must file a Form I-485, Application to Register Permanent Residence or Adjust Status, in order to apply for their green card.
10. What documents are required to apply for an R-1 visa?
To apply for an R-1 visa, you must provide the following documents:
1. Proof of your religious denomination’s non-profit status in the United States.
2. A letter from your prospective employer stating your job duties and the duration of your employment.
3. Evidence that you will be working solely for a religious organization or affiliated entity in the United States.
4. Evidence of your qualifications as a religious worker, such as letters of recommendation from your religious organization.
5. Evidence that you have been a member of the religion for at least two years prior to your application.
6. A valid passport, with at least six months validity remaining beyond the date of your planned departure from the United States.
7. A completed Form DS-160, Nonimmigrant Visa Electronic Application.
11. How long does it take to receive an R-1 visa after applying?
It typically takes between 1-3 months to receive an R-1 visa after an application is submitted. This timeline can be longer or shorter depending on the applicant’s individual circumstances and the processing times of the particular consulate or embassy.
12. Is a labor certification required for an R-1 visa application?
No, a labor certification is not required for an R-1 visa application. However, the U.S. employer must demonstrate that the prospective employee meets the requirements necessary to be classified as an R-1 religious worker.
13. Is there a limit to the number of R-1 visas that can be issued in a year?
Yes, the annual numerical limit for R-1 visas is set at 5,000.
14. Are there any special requirements for a religious organization sponsoring a foreign religious worker on an R-1 visa?
Yes, there are special requirements for religious organizations sponsoring a foreign religious worker on an R-1 visa. The organization must be a non-profit, recognized as tax-exempt by the US Internal Revenue Service and have an active, bona fide religious organization in the US that has been in existence for the past two years. The organization must also provide evidence that the foreign worker is coming to perform a religious function in the US and that they will be employed for at least three years. Additionally, the foreign worker must have a minimum of two years of experience as a minister or in a religious vocation or occupation.
15. Are there any fees associated with applying for or obtaining an R-1 visa?
Yes. The U.S. Department of State charges a nonrefundable application fee of $190 for the R-1 visa. In addition to this fee, there may be additional fees for biometric services and other processing costs.
16. Are there any restrictions on the type of activity that can be undertaken by an R-1 visa holder?
Yes, there are restrictions on the type of activity that can be undertaken by an R-1 visa holder. An R-1 visa holder is only allowed to engage in a full-time religious work activity. This includes activities related to the traditional role of clergy, religious instruction, or other functions that are understood to be part of traditional religious practice. R-1 visa holders are not allowed to do any secular work, and they must be sponsored by their religious organization. In addition, R-1 visa holders must be coming to the United States temporarily.
17. Is it possible to transfer from another nonimmigrant visa status to an R-1 visa status?
Yes, it is possible to transfer from another nonimmigrant visa status to an R-1 visa status. However, the requirements for an R-1 visa are very specific, and applicants must demonstrate that they qualify for the visa under the regulations. Additionally, applicants transferring to an R-1 visa will need to meet all other requirements for that visa, such as having a job offer from a U.S. employer and sufficient funds to support themselves during their stay in the United States.
18. Can an EAD card be obtained with an R-1 visa?
No, an EAD card cannot be obtained with an R-1 visa, as R-1 visas are designated for religious workers and do not allow the holder to work in the U.S.
19. Are there any restrictions on foreign nationals applying for an R-1 visa?
Yes, there are restrictions on foreign nationals applying for an R-1 visa. The foreign national must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years prior to the application for the visa. The foreign national must also be coming to the United States temporarily to work in a religious vocation or occupation for the same organization.
20. Are there any specific requirements for foreign nationals that have been previously issued an R-1 Visa in order to reenter the U.S.?
Yes, foreign nationals who have been previously issued an R-1 visa must meet all the requirements for R-1 visa holders in order to reenter the U.S. These requirements include:
-A valid R-1 visa
-A valid travel document, such as a passport
-Proof of the purpose of the visit, such as an invitation letter from an employer or church
-Proof of financial support during the stay in the U.S.
-Evidence of nonimmigrant intent, such as a residence abroad to which the applicant intends to return at the end of the stay
-Evidence of a good moral character and no criminal record