Religious Worker Visa (R-VISA)

Will you be working in the United States? If so, please review the online pamphlet regarding your rights as an employee

In General

The R-visa is for ministers of religion and full-time religious workers. The requirements for the R-visa are specific and may not be appropriate for many visitors even though their trip to the United States is for a religious activity. Visitors who do not qualify for R-visas may qualify for B-1/2 (business/tourism) visas.

New regulations require that sponsoring employers must now file an I-129 work petition with the U.S. Citizenship and Immigration Service (USCIS) in the United States for any R-visa applicant. Applicants must have an approved work petition and be in possession of the appropriate visa before entering the United States.

To qualify for an R-visa, the applicant must:

• be a member of a religious denomination having a bona-fide nonprofit, tax-exempted religious organization or affiliation in the U.S.
• have been a member of the denomination for 2 years immediately preceding the application for visa
• be entering the U.S. solely to carry on the vocation of a minister or to work full-time in a religious occupation for that denomination or affiliated organization
• be the beneficiary of an approved I-129 work petition.

Additionally, if the applicant was previously in the U.S. under an R-visa for 5 years, the applicant must have resided and been physically present outside the U.S. for one year immediately prior to the present application for an R-visa.

The applicant’s affiliated denomination must show that it:

• possesses some form of ecclesiastical government
• has a recognized creed and form of worship
• has a formal code of doctrine and discipline
• holds religious services and ceremonies in established places of worship attended by congregations.

Applying for the Visa

See Applying for a Non-Immigrant Visa for instructions on how and where to submit your application.

Your application must include the following:

• To complete your online visa application, you will need a digital photo. Please read carefully the requirements to upload your photo and the photo specifications before you begin completing your application. If you do not have a digital photo or you fail to upload your photo correctly, you may send a photo meeting these requirements along with your passport. Further details of photo requirements.
• Complete the Electronic Visa Application Form DS-160 online and print out the confirmation page with the barcode.
• Valid passport
• Certificate issued by the U.S. Internal Revenue Service showing the religious organization in the U.S. is tax-exempted or proof that it can qualify if it applied for tax-exempt status
• Letter from an authorized official of the religious organization in the U.S. affirming: (a) the affiliation between the U.S.-based organization and the overseas religious denomination, (b) the duration of the applicant’s membership in the overseas religious denomination; (c) the applicant’s authority to function as a minister of religions, or the nature of the applicant’s responsibilities as a professional religious worker; (d) evidence of a baccalaureate degree if the applicant is a professional religious worker; (e) arrangements for remuneration for the applicant’s services in the U.S.; and (f) the name and location of the religious congregation or organization in the U.S. for which the applicant would be providing services
• Approved Petition information from USCIS, including a copy of the I-797 Notice of Action
• Receipt of payment of a non-refundable application fee, paid at Australia Post (see fee info below)
• Payment of visa issuance fee, if applicable (see below)

Non-Australian applicants should include only the post office receipt for the standard application fee. In addition to the above items, Consular officers may require other information and documentation before adjudicating the application for an R-visa, including documents to show the financial health of the religious organization seeking to employ the applicant.

Fees

There are two parts to the non-immigrant visa fee: the application fee and the issuance fee.

Fee information.

Also Keep In Mind

Unlike most other work-related visas, there is no need for any petition, labor certification, or prior approval by the U.S. Immigration and Naturalization Service. The application is made directly to the U.S. Consulate having jurisdiction over the applicant’s residence overseas.

Although the R-visa for Australians can be valid for 5 years, the initial period of stay allowed by United States Customs and Border Protection at the applicant’s initial entry to the U.S. will generally be for 3 years. The religious organization in the U.S. may request an additional stay of up to 2 years by completing a petition for a nonimmgrant worker (Form I-129) with U.S.C.I.S. in the United States. The maximum continuous stay for a holder is 5 years. After 5 years, the individual must reside overseas for at least one year before applying for another R-visa.

The principal applicant receives an R-1 visa. Spouse and children (unmarried and under 21 years old) receive R-2 visas as the applicant’s dependents. R-2 visa holders cannot work in the U.S. Each applicant must pay separate application and separate issuance fees.

Further Information

Please see our telephone information page for general advice on visas (charges apply).

Last update: Friday, 10 July 2009 GMT+1000