“R visas are a type of short term work visa that are available to people who have been offered employment as religious workers in the U. S. in accordance with the provision in the Immigration and Nationality Act §101(a)(15)”. The R visas do not have a yearly limit tied to their availability. The R visa allows the religious worker to work legally in the U. S. for his or her R sponsor, however, to change jobs the religious worker must get a new visa. The R visa is granted for up to thirty months initially and then extensions to a maximum of five years. The R-2 visa provision allows for a spouse and unmarried children under the age of twenty one to accompany the primary R visa holder.

A question was posed in respect of the R-1 visa application stating: “while the statutory provision allows for clergy, nuns, monks, lay people or religious brothers and sisters to qualify as religious workers what about other religious occupations such as church choir director, church office administrator and church janitor?” More information relating to the denomination showed that the church is fairly new in the U. S. and has its origins in another country and the followers of the church in the U. S. are from that country and religious activities are conducted in the originating country’s language.

The provided response stated that, “a religious occupation under U. S. immigration law is one that primarily relates to a traditional religious function recognized as such by the denomination which clearly involves teaching and carrying out the denomination’s religious creed and beliefs and which is not primarily administrative or of a support nature. The position therefore, must be of an established job within the religion and involve furthering the religion’s mission and purpose. Even if the job involves nonreligious activities, the majority of the “religious occupation” worker’s duties must have direct religious purpose.”

Some examples that can be noted as falling into the scope of religious worker occupations are:
Liturgical workers
Religious instructors or counselors
Cantors (choir leaders)
Catechists
Workers in religious hospitals or religious health care facilities
Those whose job duties that involve furthering of religious creed and beliefs:
-Missionaries
-Religious translators
-Religious broadcasters

In order to be granted an R-1 visa there would be need to provide proof of the person’s work. In the case of a choir director, there is need to supply evidence that he or she works directly with the minister to choose appropriate music for the choir program.

Occupations that will not qualify are janitors, maintenance workers, clerical staff, fundraisers and person’s whose entire scope of work is to solicit donations. However, if the person’s primary role is religious, the law allows for limited administrative duties. Further, the R-1 visa requirement is that the job be at least twenty hours per week and in order to sponsor a religious worker for a green card the job must be at least thirty five hours per week.

For more information on available options for R visas and the necessary criteria visit our immigration office in Cleveland Ohio.

About the company:

The Herman Legal Group is a law firm of renowned professionals that specialize in immigration law with a focus on immigrants within and outside the U. S. Contact the Herman Legal Group for the best immigration lawyer in Cleveland Ohio.