The R1 visa for religious workers offers numerous advantages. It is important for religious workers to understand key aspects before, during, and after applying for the visa. This blog aims to cover these points and address any questions you might have.
Before addressing those points, let us quickly review what an R1 visa is and who is eligible.
An R1 visa, or temporary religious worker visa, is a visa issued to a person who
works in the United States in religious capacities. An eligible candidate would be a minister or someone in a religious occupation that has been a member of their religious denomination for at least 2 years.
So, what are some important details that individuals with an R1 visa application or approval should be aware of?
1. On Site Inspections
According to the regulations of the 8 CFR 214.2 (R) (16), the USCIS (United States Citizenship and Immigration Services) has the right to engage in on-site inspections. These inspections can occur prior to or after a final decision is made regarding your petition. In order for the USCIS to perform an inspection, the person's religious organization must be able to provide an address where the beneficiary will be working. The USCIS is then able to inspect the workplace in order to verify both the hours the beneficiary is putting in and the nature of their tasks/duties. If an inspection is performed before the decision is made regarding the R1 visa, the successful completion of the examination will be a prerequisite regarding the approval of the petition.
2. Duration of Stay
Up to 30 months of stay can be granted to someone under the R1 visa status for the initial period of admission. After the initial period of admission, subsequent extensions of up to an additional 30 months can also be granted. However, a person's stay with an R1 cannot exceed the time period of 60 months or 5 years. Only time spent physically in the United States can be counted towards the maximum period of stay under the visa.
In order to reapply for a new nonimmigrant visa that enables you to have a new 5-year maximum stay, you would have needed to have been physically present outside of the United States for the immediate previous year. Two groups of religious workers do not fall under these time limitations. The first group is religious workers who did not continuously reside in the country or whose employment was seasonal, meaning it lasted for 6 months or less in a year. The second group is religious workers who reside overseas and commute to the United States in order to work part-time.
3. Family of R1 Visa Holders
The spouse and children (under the age of 21) of a religious worker or an R1 visa holder may be permitted to apply for R-2 classification. Under the R-2 visa application, the dependent is not authorized to work.
4. Change of Location of Employment
If the location of employment changes, it may require a material change to the terms and conditions of employment that were specified in the original document of the R1 visa petition. When a material change in the terms and conditions of employment occur, the petitioner may need to file an amended petition and receive an approval. These two factors must occur before the beneficiary moves to the new location of employment.
If the beneficiary moves different location within a larger organization, then the organization must file the petition.
To file an amended petition, you can locate Part 2 on the Form I-129 and check Box F under Item 2.
5. Termination of Employment
If any change occurs to the religious worker's employment, the petitioner must notify the USCIS within 14 days of the change. If the religious worker were to change employers, they would then need to file a new Form I-129, asstetation, and pieces of supporting evidence. A petitioner must notify the USCIS of the employment termination by sending an email to the office or mailing the office.
Bonus Tip!
The law office of S.A. Peterkin would be happy to partner with you to bring your religious mission to the U.S and accomplish your immigration goals.
If you or someone you know is in need of help of an immigration matter such as this one, call 321-325-1125 or text 321-204-7718.
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