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Eve Guillergan PLLC
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R visa category

An R-1 is for a foreign national who is coming to the United States temporarily to be employed at least part time by a non-profit religious organization in the United States to work as a minister or in a religious vocation or occupation.

Eligibility Criteria

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 2 years immediately before the filing of the petition to qualify. Other criteria includes:

A prospective or existing U.S. employer must file Form I-129, Petition for Nonimmigrant Worker, on behalf of an R-1 worker. An R-1 visa cannot be issued at a U.S. Embassy or Consulate abroad without prior USCIS approval of Form I-129. Visa exempt workers must present the original Form I-797, Notice of Action, at a port of entry as evidence of an approved I-129 R petition.

Period of Stay

USCIS may grant R-1 status for an initial period of admission for up to 30 months. Subsequent extensions may be granted for up to an additional 30 months. The religious worker's total period of stay in the United States in R-1 classification cannot exceed 5 years (60 months). USCIS counts only time spent physically in the United States in valid R-1 status toward the maximum period of stay.

Spouse and Children

Your spouse and unmarried children under age 21 may apply for R-2 visas to accompany or join you to reside temporarily. You must demonstrate that you will be able to financially support your family in the United States. An R-2 dependent is not authorized to accept employment based on this visa classification.