If you are a religious worker seeking temporary employment in the United States, you and your immediate family members can apply for R-visas. These special visa types are only available to religious workers who are not permanently emigrating to the U.S. However, holding an R-visa does not bar a religious worker or their family members from seeking permanent residency through a Green Card application.
Contact the Zepeda Law Firm for a free consultation about your case with an experienced immigration attorney in Fort Worth, Texas. During your initial consultation, our attorneys will help you determine your R-visa eligibility, walk you through the application process, and answer your questions about being a temporary religious worker in the U.S.
What Is an R-Visa?
An R-visa is a special type of visa that permits nonimmigrant religious workers and their immediate family members to reside in the U.S. temporarily. There are two types of R-visas you can apply for: R-1 and R-2. There are different work restrictions depending on which type of R-visa you hold:
- R-1 Visas – The primary type of R-visa held by the temporary religious worker is an R-1 visa. It permits them to work at least part-time (20 hours per week) at a non-profit or tax-exempt religious organization.
- R-2 Visas – An R-2 visa is a secondary type of R-visa for the spouse and minor children (under 21) of the R-1 visa holder. R-2 visa holders are not authorized to work in the U.S. but can seek education. The R-1 visa holder must be able to financially provide for any R-2 applicants while they reside in the country.
What Are the Eligibility Requirements for an R-Visa?
To be eligible for an R-1 visa, you must meet the following requirements:
- You must be a member of the same religious denomination as the religious organization you plan to work for.
- You must have been a member of that religious denomination for at least two years prior to applying for the visa.
- You must be coming to work as a minister or in a religious vocation or occupation.
- You must be employed by a non-profit religious organization and work at least 20 hours per week.
What Is the Process for Applying for an R-Visa?
Applying for an R-visa involves completing several steps online and in person at a U.S. embassy or consulate. These steps include filing your initial application, scheduling an interview, gathering your documentation, and passing the interview.
Applying Online
The first step is to fill out Form DS-160 online and print out a copy of your application so you can bring it to your in-person interview. During this step, you must also upload a photo of yourself.
In addition to Form DS-160, you will need to fill out Form I-129 or Form I-797, depending on your situation. If you need assistance filling out any of these forms, our lawyers are happy to help.
There is also a $205 fee when filing your forms.
Scheduling Your Interview
The second step is to schedule your interview at the U.S. embassy or consulate in your country of residence. All applicants ages 14 through 79 must undergo this interview. Applicants who are 13 and younger or 80 and older are often exempt from the interview but may still have to undergo one.
The wait time to get an interview may vary depending on where you live and how busy your local embassy or consulate is. It’s best to schedule your interview early so any unexpected delays will not disrupt your planned work in the U.S.
Gathering Your Documentation
Before going in for your interview, you must gather the following documentation to bring with you:
- A passport valid for travel to the U.S.
- Your nonimmigrant visa application (Form DS-160)
- A confirmation that your application fee was received
- A printed copy of the photo you uploaded when completing the online application
- The receipt number for your petition for a nonimmigrant worker (Form I-129) or notice of action (Form I-797)
Passing Your Interview
The final step is to attend and pass your interview. During this interview, you will need to show that you meet the eligibility criteria and planned work requirements. Digital fingerprint scans will likely also be taken when you go in for the interview.
In certain circumstances, additional processing may be necessary after your interview. If this is the case, an embassy or consulate employee will inform you of the next steps.
How Long Can You Stay in the U.S. on an R-Visa?
While your initial period of admission into the U.S. on an R-1 visa is typically up to 30 months, you can request to have it extended by an additional 30 months, making the visa valid for up to a maximum of five years. However, any full days spent outside of the U.S. usually do not count against the period of stay afforded by your visa.
Additionally, while you can request an additional 30 months during your initial 30-month period, you must have lived outside of the U.S. for at least one year before seeking a new R-1 visa. If you only lived and worked in the U.S. on a seasonal basis, such as for six months or less per year, this requirement for a new R-1 visa may not apply.
Contact Our Fort Worth Immigration Attorneys
If you are seeking an R-1 visa for yourself or R-2 visas for your family members, contact the Zepeda Law Firm for a free consultation with a skilled member of our legal team. We’re dedicated to providing immigrants and foreign workers the legal representation they need. During your consultation, our immigration attorneys can help you determine your eligibility to perform temporary religious work in the U.S. and file the necessary paperwork to get your application started.