R visa
The R-1 visa is a non-immigrant visa which allows travel to United States for service as a minister or other religious occupation.[1] The institution must be a registered non-profit organization in the United States, or authorized for the use of a group tax exemption.[1] The individual must have worked for at least the preceding two years as a member of a religious denomination, and work at least 20 hours a week for the institution while in the US.[2][3] In addition to clergy, religious brothers, religious sisters, and lay missioners may receive visas.[4]
The R-2 visa is a non-immigrant visa which allows travel to United States for the spouse or children of an individual who has received an R-1 visa.[5] Children seeking an R-2 visa must be under 21 years of age and unmarried.[1] The status of an R-2 visa holder is dependent on the status of the principal R-1 worker. Individuals staying in the US on an R-2 are not permitted to work, but may attend school.[5] In order to qualify for an R-2, the principal R-1 worker must be able to demonstrate that they are able to financially support themselves and their dependents.[6] Individuals staying in the U.S. on an R-2 visa are eligible to apply for permanent residency.[7]
The maximum initial duration of stay is 30 months, with the exception of those who reside outside of and commute to the US, and an extension may be granted for an additional 30 months.[1] After a total of 5 years, the individual must reside outside the United States for a period of one year before reapplying for a visa.[2]
Between 6,000 and 7,000 R visas have been issued in each fiscal year from 2014 to 2018.[8]
The non-immigrant R visas are distinct from the Special Immigrant Non‐Minister Religious Worker Visa Program. The R visas are a permanent part of U.S. immigration law (through the Immigration and Nationality Act). By contrast, the Special Immigrant Non‐Minister Religious Worker Visa Program is a separate category of visa (specifically am employment-based fourth-preference (EB-4) visa) that was created in 1990 and periodically sunsets. The Special Immigrant Non‐Minister Religious Worker Visa Program has a statutory cap of 5,000 workers. Congress has extended the Special Immigrant Non‐Minister Religious Worker Visa Program several times.[9][10]
References
- "R-1 Temporary Nonimmigrant Religious Workers". US Citizenship and Immigration Services. Retrieved October 11, 2016.
- Immigration pocket field guide. Matthew Bender & Company, Inc. 2013. p. 49.
- "Temporary Religious Worker Visa". US Department of State Bureau of Consular Affairs. Retrieved October 11, 2016.
- Mark Pattison, Clergy and religious immigration to U.S. continues sans headlines, Catholic News Service (May 25, 2019).
- Immigration pocket field guide. Matthew Bender & Company, Inc. 2013. p. 50.
- "Temporary Religious Worker Visa". US Department of State Bureau of Consular Affairs. Retrieved October 11, 2016.
- "R2 Dependent Visa". US Visa FAQ. Retrieved October 11, 2016.
- Table XVI(A): Classes of Nonimmigrants Issued Visas (Including Border Crossing Cards): Fiscal Years 2014-2018, Report of the Visa Office 2018, U.S. Department of State (2018).
- The Catholic Church and Immigrant Religious Workers, Office of Migration Policy and Public Affairs, United States Conference of Catholic Bishops (January 2011).
- Special Immigrant Religious Workers, U.S. Citizenship and Immigration Services.
External links
- 8 CFR 214.2 (m): Link to Title 8, Code of Federal Regulations.