The Complete Guide to R Visas in the United States
If you are a member of a religious denomination that has a genuine non-profit religious organization in the United States, and you are coming to the United States temporarily to work as a minister or in a religious vocation or occupation, you may be eligible for an R-1 visa.
What is an R Visa?
R visas are nonimmigrant visas available to religious workers who wish to enter the United States temporarily to work in a religious vocation or occupation, or to perform temporary religious work. There are three types of R visas:
- R-1 visas are available to religious workers who wish to enter the United States to work in a religious vocation or occupation on a temporary basis.
- R-2 visas are available to the spouses and unmarried children under the age of 21 of R-1 visa holders.
- R-3 visas are available to religious workers who wish to enter the United States temporarily to perform religious work on a part-time basis.
Who Qualifies for an R Visa?
To qualify for an R visa, you must first establish that you are a member of a religious denomination that has an actual non-profit religious organization in the United States. You must also be coming to the United States temporarily to work as a minister or in a religious vocation or occupation.
You must have been a member of your religious denomination for at least two years immediately before filing the petition. If you are coming to the United States to work as a minister, you must be authorized by your religious denomination to perform religious duties.
What is an On-Site Inspection Performed by USCIS?
U.S. Citizenship and Immigration Services (USCIS) sometimes conducts preapproval inspections before granting R visas. The reason USCIS conducts these inspections is to determine whether the religious organization seeking to employ the R-1 visa holder is a genuine non-profit religious organization.
During the inspection, a USCIS officer will interview the religious organization's officers and employees, and tour the organization's physical premises. The USCIS officer will also review the organization's articles of incorporation, bylaws, and tax-exempt status.
How Long Can You Remain in the U.S. on an R Visa?
An R-1 visa holder can remain in the United States for up to 30 months. Spouses and unmarried children of R-1 visa holders can remain in the United States for the same period of time on an R-2 visa. R-3 visa holders can remain in the United States for up to two years.
Can You Extend Your Stay in the U.S. on an R Visa?
Yes, you can extend your stay in the United States on an R visa. To do so, you must file a petition with USCIS before your R visa expires. If your petition is approved, you can stay in the United States for an additional 30 months.
Do You Need a Sponsor for an R Visa in the United States?
Yes. You will need a sponsor in order to apply for an R visa in the United States. Your sponsor must be a religious organization that has a bona fide non-profit religious organization in the United States.
What Are the Requirements for a Sponsor?
To qualify as a sponsor, your religious organization must:
- Be an actual non-profit religious organization in the United States
- Have a legitimate religious purpose
- Have a bona fide religious presence in the United States
- Be able to prove that it has the ability to pay your salary
- Be registered with the USCIS
Can an Attorney Apply for an R Visa for You?
An attorney can apply for an R visa on your behalf. The advantage of having an attorney help you with your application is that they can ensure that your application is complete and accurate, and that you meet all of the requirements for an R visa.
If you’re interested in coming to the United States on an R visa, or if you’re part of a religious organization that wants to bring over a foreign member of your group to work in a religious capacity, we may be able to help you. Call our office today to schedule your free consultation with an immigration lawyer who can answer all your questions and get you moving in the right direction.