R-1 Visa
R-1 is a non-immigrant visa issued to foreign nationals in religious occupations who perform the duties of a religious worker in the United States. Currently, there are no quotas imposed on R-1 visas and their processing takes three to ten weeks only.
For your general information, BizLegalServices answers many of your frequently asked questions as follows:
DO I QUALIFY?
In order to qualify, the individual must have maintained a membership in a recognized religious denomination (or an organization affiliated to it) that is registered as a non-profit, tax-exempt (or eligible) organization in the US for least two years before the date of the application.
CAN I BRING MY FAMILY?
Yes. You are allowed to apply for derivative status (R-2) for dependant spouses and children under the age of 21. While dependants are allowed to engage in full-time study, however, they are not eligible to work in the US. You are also allowed to apply for Green Card (Permanent Resident Status) for you and your family if you fulfill the necessary requirements.
HOW LONG CAN I STAY IN THE US?
The duration of stay for workers and their dependants is an initial period of three years with possibility of extension for another two more years. The total duration may not exceed five years. For the extension of stay, the religious worker is advised to use Form I-129 (Petition for a Nonimmigrant Worker). If the worker wishes to change employers, which is legally allowed, he or she must file a new Form I-129 with the USCIS together with the appropriate fees and supporting documents. When the case gets approved, an I-797 (Notice of Approval) will be sent to the employer or its agent.
Word of caution: the approval does not guarantee entry into the US before the applicant can establish eligibility to enter the US that the US Customs and Borders Protection (CBP) determines at the port of entry or POE (often the first US travel destination of the individual). The CBP determines the duration of stay of the temporary religious worker and issues the I-94 or the Record of Arrival-Departure. The authority to determine the eligibility of the person for extension, however, is the sole responsibility of the USCIS.
UNDER WHAT CONDITIONS CAN A VISA BE DENIED?
Visas may be denied on the basis of the person’s capacity to endanger the security, health, and welfare of Americans. Such disqualifying conditions include communicable diseases like tuberculoses and dangerous physical or mental disorders. Also excluded are persons categorized as criminals, terrorists, subversives, members of totalitarian parties, former Nazi war criminals, and those who used an illegal means to enter the United States or are otherwise ineligible for citizenship.
CAN I EXTEND THE DURATION OF MY STAY?
Re-issuance of an R-1 visa requires the person to live and physically remain outside of the US for one year after previously residing three to five years as a religious worker. If the R-1 applicant is already in the US, the application should be sent to regional Service Centers.