Temporary
Religious Workers
The Immigration and Nationality Act
provides a nonimmigrant visa category "R" for aliens proceeding to the
United States to work in a religious capacity.
DEFINITION OF 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. A religious vocation means a calling to religious
life, evidenced by the demonstration of a lifelong commitment, such as taking
vows. Examples include nuns, monks, and religious brothers and sisters. A
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: i.e., 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.
BACKGROUND REQUIREMENTS
The applicant must be a member of
a religious denomination having a bona fide nonprofit religious organization in
the U.S.;
The religious denomination and its
affiliate, if applicable, are exempt from taxation, or the religious
denomination qualifies for tax- exempt status;
The applicant has been a member of
the denomination for two years immediately preceding admission;
The applicant is entering the
United States solely to carry on the vocation of a minister of that
denomination, or, at the request of the organization, the applicant is entering
the United States to work in a religious vocation or occupation for the
denomination or for an organization affiliated with the denomination, whether in
a professional capacity or not; and
The applicant has resided and been
physically present outside the United States for the immediate prior year if he
or she has previously spent five years in this classification.
APPLYING FOR THE VISA
Religious workers should generally
apply at the U.S. Embassy or Consulate with jurisdiction over their place of
permanent residence. Although visa applicants may apply at any U.S. consular
office abroad, it may be more difficult to apply. There is no requirement that
applicants for R visas have a residence abroad which they have no intention of
abandoning, but they must intend to depart the United States at the end of their
lawful status.
Required Documentation
Each applicant for the visa must
pay a nonrefundable US$45 application fee and submit:
(1) An application form OF-156,
completed and signed. Blank forms are available without charge at all U.S.
consular offices;
(2) A passport valid for travel to
the United States and with a validity date at least six months beyond the
applicant's intended period of stay in the United States. If more than one
person is included in the passport, each person desiring a visa must make an
application;
(3) One photograph 1 and 1/2
inches square (37x37mm) for each applicant, showing full face, without head
covering, against a light background.
Additional Documentation
The applicant must be prepared to
present to the consular officer any or all of the following documentation to
verify that the applicant and the religious organization qualify for the R
status:
(1) Proof of tax-exempt status or
eligibility for tax-exempt status,
and
(2) A letter from an authorized
official of the specific unit of the employing organization certifying:
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;
and
the organization's papers of
incorporation under applicable state law.
U.S. PORT OF ENTRY
Applicants should be aware that a
visa does not guarantee entry into the United States. The U.S. Immigration and
Naturalization Service (INS) has authority to deny admission. Also, the period
for which the bearer of a religious worker visa is authorized to remain in the
United States is determined by the INS, not the consular officer. At the port of
entry, an INS official must authorize the traveler's admission to the U.S. At
that time the INS Form I-94, Record of Arrival-Departure, which notes the length
of stay permitted, is validated. Those visitors who wish to stay beyond the time
indicated on their Form I-94 must contact the INS to request Form I-539,
Extension of Stay. The decision to grant or deny a request for extension of stay
is made solely by the INS.
ADDITIONAL INFORMATION
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.
FURTHER INQUIRIES
Questions on qualifications for
the religious worker classification and visa application procedures should be
made to the American consular office abroad where the applicant intends to
apply. Questions on conditions and limitations on employment should be made to
the local INS office.
Source:
UNITED STATES DEPARTMENT OF STATE
Bureau of Consular Affairs
Visa Services
February 1998
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