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For immigrant
visas (permanent residency), see Immigrant
Religious Workers.
What is a Temporary Religious Worker visa?
This is a nonimmigrant
visa (category "R") for foreign nationals entering the
United States to work in a religious capacity.
Am
I Eligible?
You are eligible
to apply for this visa if:
- You are 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 exempt from
taxation, or the religious denomination qualifies for tax-exempt
status;
- You have
been a member of the denomination for two years immediately preceding
admission;
- You are entering
the United States solely to carry on the vocation of a minister
of that denomination, or, at the request of the organization,
you are entering the United States to work in a religious vocation
or occupation for the denomination or for an organization affiliated
with the denomination, whether in a professional capacity or not;
and
- You have
resided and been physically present outside the United States
for the immediate prior year, if you have previously spent five
years in this visa classification.
Definitions
Religious
workers include ministers of religion who are authorized
by a recognized denomination to conduct religious worship and
perform other duties usually performed by members of the clergy
such as administering the sacraments, or their equivalent. The
term does not apply to lay preachers.
Religious
vocation means a calling to religious life, evidenced
by the demonstration of a lifelong commitment, such as taking
of vows. Examples include nuns, monks, and religious brothers
and sisters.
Religious
occupation means a habitual engagement in an activity
that relates to a traditional religious function. Examples include
liturgical workers, religious instructors or cantors, catechists,
workers in religious hospitals, missionaries, religious translators,
or religious broadcasters. It does not include janitors, maintenance
workers, clerks, fundraisers, solicitors of donations, or similar
occupations. The activity of a layperson who will be engaged
in a religious occupation must relate to a traditional religious
function. The activity must embody the tenets of the religion
and have religious significance, relating primarily, if not
exclusively, to matters of the spirit as they apply to the religion.
How
Do I Apply?
You should generally
apply at the U.S.
Embassy or Consulate with jurisdiction over your place of permanent
residence. Although you may apply at any U.S. consular office abroad,
it may be more difficult to apply for the visa outside your country
of permanent residence. You must intend to depart the United States
at the end of your lawful status.
Documentation
Each
applicant for the visa must pay a nonrefundable US$45 application
fee and submit:
- An application
Form DS-156, completed and signed.
Forms are also available without charge at all U.S. consular
offices;
- A passport
valid for travel to the United States and with a validity date
at least six months beyond your intended period of stay in the
United States. If more than one person is included in the passport,
each person desiring a visa must make an application;
- One photograph
1 and 1/2 inches square (37x37 mm) for each applicant, showing
full face, without head covering, against a light background.
Additional
Requirements
You
must be prepared to present to the consular officer any or all
of the following documentation to verify that you and the religious
organization qualify for the R status:
- Proof of
tax-exempt status or eligibility for tax-exempt status, and
- A letter
from an authorized official of the specific unit of your employing
organization certifying:
- If your
religious membership was maintained, in whole or in part, outside
the U.S., the foreign and U.S. religious organizations belong
to the same religious denomination.
- Immediately
prior to the application for the R visa, you have been a member
of the religious denomination for the required two-year period.
- If you
are a minister, you are authorized to conduct religious worship
for that denomination. The duties should be described in detail.
- If you
are a religious professional, you have at least a baccalaureate
degree or equivalent, and that such a degree is required for
entry into the religious profession.
- If you
are to work in a nonprofessional vocation or occupation, you
are qualified if the type of work to be done relates to a traditional
religious function.
- The arrangements
for remuneration, including the amount and source of salary,
other types of compensation such as food and housing, and any
other benefits to which a monetary value may be affixed, and
a statement whether such remuneration shall be in exchange for
services rendered.
- The name
and location of the specific organizational unit of the religious
denomination or affiliate for which you will be providing services.
- If you
are to work for an organization which is affiliated with a religious
denomination, a description of the nature of the relationship
between the two organizations, including evidence of the religious
organization's assets and methods of operation, as well as the
organization's papers of incorporation under applicable state
law.
Visa Ineligibility
/ Waiver
There
are categories of persons
ineligible to receive visas under U.S. law. In some instances
an applicant who is ineligible, but who is otherwise properly
classifiable as a temporary religious worker, may apply for a
waiver of ineligibility and be issued a visa if the waiver is
approved. If you are found to be ineligible, the consular officer
will advise you of any waivers.
Bringing
Family Members
Your
spouse and unmarried children under 21 years of age may accompany
or join you in derivative status. Derivative status means that their
visas will be dependent on your nonimmigrant status. If you
change your status, your family must change their status. If you
lose your status, your family will also lose their status. Your
spouse and unmarried children under 21 years of age may study but
may not accept employment in the United States.
Time
Limits
Holders of R
visas may remain in the U.S. for up to five years to pursue their
calling.
Admission
through a U.S. Port of Entry
You should be aware that a visa does not guarantee entry into
the United States. A visa is issued by a Department of State Consular
Office abroad, but a separate U.S. agency, the U.S. Citizenship
and Immigration Services (USCIS), has authority to deny admission
at the port of entry. Also, the period for which you are authorized
to remain in the U.S. is determined by the USCIS,
not the Department of State Consular Office. At the port of entry,
aUSCIS
official must authorize your admission to the U.S. At that time,
the USCIS
official will provide you with a stamped Form I-94 (Record of Arrival-Departure),
which notes how long you are permitted to stay in the U.S. If you
wish to stay beyond the time indicated on your Form I-94, your employer
must file Form
I-129 with the USCIS
(and your accompanying spouse and child must complete Form
I-539). The decision to grant or deny a request for extension
of stay is made solely by the USCIS.
For more information, see:
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of this information in summary form. This information may not be
comprehensive, is subject to change, and may not apply to all individual
circumstances. Any information received here should be confirmed
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