Coming to the US as a Religious Worker

Rabbi and Rebbetzin Rosen have been running a college campus Jewish outreach program for several years, and were desperate for additional staff. This past school year, business was booming: their classes and Shabbat dinners were packed, and they were working non-stop. The Rosens were, of course, thrilled that their programming was so popular. But they knew they needed more capable hands-on deck to keep up the quality of their activities and their relationships with students, and still devote sufficient attention to their own young family.

Rebbetzin Rosen’s brother Meir, from Australia, had recently finished his studies to become a rabbi. He was trying to figure out his next steps, and was considering coming to the U.S., for working and for dating. She had the idea that Meir could come work for them on campus, teaching classes and running other programs. However, she knew that some employment visas could take years to acquire, and was not sure if Meir was even eligible for any of them. She wanted him to be able to stay longer than would be permitted on a visitor visa, and she also wanted him to have a work permit.

When she called our office for advice, I was happy to be able to tell her there was a solution: the R-1, or the religious worker visa. The R-1 visa is a nonimmigrant visa specifically for religious workers and clergy who are being hired by non-profit US organizations to work here in the United States. A person seeking an R-1 visa must have a job offer from a U.S. employer, who petitions on behalf of the worker.

Who Qualifies as a Religious Worker or Clergy Person?

Members of the clergy - priests, pastors, rabbis, deacons, Buddhist monks, imams - and nonclergy who are trained religious professionals must be members of a specific religious denomination. Clergymen must have some sort of ordination or certification enabling them to work as a member of the clergy in their particular religion; other religious workers can be trained individuals working in religious occupations.

To qualify for the R-1, the religious worker be hired for a full or part-time position. Studying in a religious institution on its own would not make a person eligible for the R-1: he or she must also be employed in some capacity. Some popular positions for an R-1 holder are working for a religious school, church, or synagogue.

What are the Eligibility Requirements?

A person hoping to secure an R-1 visa will have to demonstrate the following in his application:

• Evidence of membership in a specific religious denomination for at least 2 years before the application is submitted

• A job offer in the U.S. for an affiliate of that same religious organization, with a schedule of at least 20 hours a week

• If working in a clergy role, proof that the individual is qualified for the position (certificates of ordination, etc.

The organization extending the job offer must show:

• A current and valid letter from the IRS showing that the organization is tax-exempt

• A job description and list of duties

• Proof of compensation for the applicant’s work

•  Evidence of funding for compensation: the organization needs to demonstrate through past records, budgets, etc. just how the position will be compensated.

In many cases, US Citizenship and Immigration Services (USCIS), the agency to which the application is submitted, will conduct an on-site visit to confirm the relationship between the employer and the religious denomination.

The applicant will have to attend an interview at the embassy or consulate in his home country, which will then make a determination as to whether the applicant is eligible for the visa.

Families Welcome

If the applicant has a family (a spouse, or children under 21), these dependents can apply for an R-2 visa in order to be able to accompany the principal applicant to live in the U.S.

An R-2 visa allows the visa holder to leave the country and be permitted to reenter, and eventually apply for permanent residency via a green card. Keep in mind, the R-2 does not extend work authorization to the family members and they will not be eligible to work in the U.S. They will, however, be able to obtain a driver's license, pursue an education, and open a bank account.

How Long Can They Stay?

The length of time initially granted on an R-1 visa is 30 months, or 2.5 years. Extensions can be requested for another 30 months, bringing the maximum allowable time to 5 years.

There are exceptions for R-1 holders who live abroad and commute to the US, or whose work is seasonal, intermittent, or less than six months per year. Visa holders would need to show that these conditions apply to them through evidence such as arrival-departure records, records of employment abroad, and/or tax returns.

A Path to a Green Card

R-1 visas are “dual intent” visas, which means that applicants can apply to become Legal Permanent Residents (LPRs). After holding an R-1 for 2 years, the visa holder can apply for a green card, and have a permanent path to stay in the U.S.

Meir ended up providing much needed assistance to their campus programming, and is looking forward to getting his green card - even if he doesn’t end up marrying an American!