R VISA

The Religious Worker visa is for persons seeking to enter the United States to work in a religious capacity on a temporary basis, under provisions of U.S. law, specifically the Immigration and Nationality Act.

Qualifying as a Religious Worker

Religious workers include persons authorized, by a recognized employing entity, to conduct religious worship and perform other duties usually performed by authorized members of the clergy of that religion, and workers engaging in a religious vocation or occupation.
- The applicant must be a member of a religious denomination having a bona fide nonprofit religious organization in the U.S.;
- The religious denomination and its affiliate, if applicable, are either exempt from taxation or qualifies for tax-exempt status; and
- The applicant has been a member of the denomination for two years immediately preceding applying for religious worker status. The applicant is planning to work as a minister of that denomination, or in a religious occupation or vocation for a bona fide, non-profit religious organization (or a tax-exempt affiliate of such an organization).There is no requirement that individuals applying for R visas have a residence abroad that they have no intention of abandoning. However, they must intend to depart the U.S. at the end of their lawful status, absent specific indications or evidence to the contrary. The applicant has resided and been physically present outside the U.S. for the immediate prior year, if he or she has previously spent five years in this category.

Petitions

The applicant’s prospective employer must file Form I-129, Petition for Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS).

It is very important for prospective employers to file the petition as soon as possible (but not more than 6 months before the proposed employment will begin) to provide adequate time for petition and subsequent visa processing.

The petition, Form I-129, must be approved by DHS/USCIS before the prospective religious worker can apply for a visa at a U.S. Embassy or Consulate abroad. When the petition is approved, the employer or agent is sent a Notice of Action, Form I-797, which serves as the petition approval notification. Petition approval is verified through the Department of State’s Petition Information Management Service (PIMS) at the visa applicant’s interview. Visa applicants must bring the approved I-129 petition receipt number to the interview, so that petition approval can be verified. It should be noted that the approval of a petition shall not guarantee visa issuance to an applicant found to be ineligible under U.S. immigration law.

PIMS Processing Update

If there’s a chance a beneficiary of a petition needs to obtain a visa at a U.S. Embassy or Consulate after the petitioner requests a change of status, extension of status, or amendment to the original petition it is advisable that the petitioner submit 2 copies of the updated petition with the original signatures on all forms to USCIS. When submitting the 2 copies of the updated petition it is encouraged to identify one of them with a brightly colored cover sheet with the notation “Please send this copy to the Kentucky Consular Center (KCC) upon approval”. Once approved, USCIS will then forward the marked copy of the updated petition to KCC for scanning and entry into the PIMS database where the U.S. Embassy or Consulate will be able to access the updated petition.

Applying for a Religious Worker Visa

Although religious workers may apply at any U.S. Embassy or Consulate abroad, applicants should generally apply at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence, as it may be more difficult to qualify for the visa outside the country of permanent residence. As part of the visa application process, an interview at the embassy consular section is required for visa applicants between the ages of 14 through 79, with few exceptions. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by the embassy or consulate.

To schedule the interview appointment, you will need the receipt number that is printed on the approved Form I-129 petition.

Family Members

A nonimmigrant religious worker’s spouse and unmarried children under 21 years of age may be issued a religious worker visa. They may study, but may not accept employment in the U.S. Therefore, evidence of their financial support while in the U.S. will be necessary at the visa interview.