NON-IMMIGRANT VISAS
Religious Workers
Religious activities that can be undertaken on B-1 visas.
WHO QUALIFIES
Religious ministers or workers may qualify for the religious worker classification R visa
if, for the two years immediately preceding the time of application, they have
been a member of a religious denomination which has a bona fide nonprofit
religious organization in the United States. Bona fide religious organizations
in the United States must have tax-exempt status as an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986.
Persons seeking R status must plan to enter the United States solely to:
Carry on the vocation of a minister of the religious denomination; or
Work in a professional capacity in a religious vocation or occupation or
organization within the denomination; or
Work in a religious vocation or occupation for an organization
within the denomination, or for a bona fide organization, that of which is
affiliated with the religious denomination. Bona fide religious organizations in
the United States must have tax-exempt status as an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986.
The initial admission period for ministers and religious workers entering the United States
in R status is limited to three years. Employers must file an I-129
petition with the Department of Homeland Security, United States Citizenship and
Immigration Services (USCIS) to request an extension. Extensions may be granted
for a total stay not to exceed five years.
HOW DO I APPLY FOR THE VISA
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SPOUSES, CHILDREN AND PARTNERS
Spouses and/or children under the age of 21 who plan to accompany or join the principal visa
holder in the United States for the duration of his/her stay require derivative
R-2 visas. The application procedure is the same. If the spouse and/or children
apply for visas at a later date, a copy of principal applicant's R-1 visa should
be furnished with the application.
Spouses and/or children who do not intend to reside in the United States with the principal
visa holder, but visit for vacations only, may be eligible to apply for
visitor (B-2) visas, or if qualified, travel visa free under the
Visa Waiver Program.
To partners and common-law spouses.
R-2 VERSUS F-1
There is no requirement that the spouse and/or children of an R-1 visa holder apply for a
student (F-1) visa if they wish to study in the U.S.; they may study on an R-2
visa. However, they may apply for the F-1 visa. If you have school age children,
you should refer to the regulations governing the issuance of F-1 visas.
WORKING ON AN R-2 VISA
The spouse of a religious worker may not work in the United States on a derivative R-2. If he or
she is seeking employment, the appropriate work visa will be required.
Religious activities that may be undertaken on a B-1 visa.
The following is a list of religious activities that may be undertaken on a B-1 visa.
Note: Travelers who qualify for a B-1 visa
may also be eligible to travel visa free under the
Visa Waiver Program (VWP).
MISSIONARY WORK
If you are performing missionary work on behalf of a religious denomination you may be
eligible for a B-1 visa,
provided you will receive no salary or remuneration from the United States other
than an allowance or other reimbursement for expenses incidental to your stay,
and the work which you are to perform in the United States will not
involve the selling of articles or the solicitation or acceptance of donations.
When applying for a visa, or entry into the United States with a visa or under
the VWP, you should furnish a letter from your U.S. sponsor explaining in detail
the nature of your visit.
EVANGELICAL TOUR
If you are to engage in an evangelical tour and do not plan to take an appointment with any
one church you may be eligible for a B-1 visa,
provided you will receive no remuneration from a U.S. source, other than
the offerings contributed at each evangelical meeting. When applying for a visa,
or entry into the United States with a visa or under the VWP, you should furnish
a letter from your U.S. sponsor explaining in detail the nature of your visit.
PREACHING
If you will be preaching in the United States for a temporary period, or will be exchanging
pulpits with a U.S. counterpart you may be eligible for a
B-1 visa,
provided you will continue to be reimbursed by your church in Spain
and you will receive no salary from the host church in the United States.
When applying for a visa, or entry into the United States with a visa or under
the VWP, you should furnish a letter from your U.S. sponsor explaining in detail
the nature of your visit.
VOLUNTARY SERVICE PROGRAM
If you will participate in a voluntary service program which benefits a U.S. local community,
and you establish that you are a member of, and have a commitment to, a
particular recognized religious or nonprofit charitable organization, you may be
eligible for a B-1 visa if the work to be performed is
traditionally done by volunteer charity workers; you will receive no salary or
remuneration from a U.S. source, other than an allowance or other reimbursement
for expenses incidental to your stay in the United States; and you will not
engage in the selling of articles and/or the solicitation and acceptance of
donations.
A voluntary service program is an organized project conducted by a recognized religious or
nonprofit charitable organization to provide assistance to the poor or the needy,
or to further a religious or charitable cause.
If your proposed activities as a voluntary worker are not exactly as described, you will
require either an exchange visitor (J-1) or
temporary worker (H-2B) visa.
PLEASE NOTE
When applying for entry into the United States as a voluntary worker with a visa or under the VWP,
you should furnish a letter from your U.S. sponsor that contains the following
information:
Your name and date and place of birth;
Your foreign permanent residence address;
The name and address of initial destination in the U.S.; and
The anticipated duration of your assignment
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