R Visas (Religious Workers)
R Visas are non-immigrant visas available to religious workers engaged in a religious vocation or occupation in a professional capacity. The Nonimmigrant religious worker visa was established in the Immigration and Nationality Act of 1990 and during the passage of this amendment, Congress was mindful of the separation between church and state. As such, the legislation remains broad and open to interpretation and allows individuals engaged in a wide range of religious occupations to enter the United States to perform services related to their religious vocation and receive direct compensation for their services.
The Immigration and Nationality Act defines a nonimmigrant religious worker as an alien who has been a member of religious denomination having a bona fide nonprofit, religious organization in the United States for the two years immediately preceding an application; and seeks to enter the U.S. for a period not to exceed five years.
If you have an educational background in religious studies (i.e. a bachelor’s Degree or equivalent) and you have been a member of the church, temple, or other religious denomination, for at least two years, that organization can sponsor you for employment in a traditional religious function only. That means you could work as a Bible teacher, cantor, liturgical worker, etc. But you may not work as a clerk in the Bible school, or as a fundraiser or maintenance worker in the Church.
Furthermore, as noted, the recipient of an R visa must belong to a religious denomination. According to the United States Citizenship & Immigration Services regulations, religious denominations generally will have some form of an “ecclesiastical government”, a “recognized creed and form of worship”, “religious ceremonies or services”, a “formal code of doctrine and discipline”, and “religious congregations.”
It should also be noted that the organization sponsoring you must meet certain standards of authenticity. It must demonstrate that it is a bona fide non-profit religious organization with a genuine presence in the United States. To determine the validity of the sponsoring organization, the government will look at such factors as the presence of an ecclesiastical government, a recognized creed and form of worship, a formal code of doctrine and discipline, religious services and ceremonies, and an established place of worship. The presence and size of the congregation will also be taken into account.
Religious workers granted a R visa may remain in the United States for 5 years, customarily, and renewed usually in two–year increments. After the 5-year period, an applicant must spend at least a year outside the United States in order to be able to apply for an R Visa again. Spouses and children of approved religious workers are given R-2 status, which enables them to stay here with the primary applicant, but does not authorize their employment.
After being employed in a religious capacity in the United States for two years, an applicant may apply for permanent resident status (green card) as a special immigrant.