R-1 VISA

R-1 VISA Attorney – San Jose, CA

 
R-1 visas are a temporary work visa focused towards individuals participating in a religious vocation. In order to qualify for an R-1 visa, individuals must work at least 20 hours a week for a nonprofit religious organization as either a minister or in a religious vocation.

Individual Requirements

An individual applying for R-1 status must provide proof that he or she has belonged to a nonprofit religious organization established in the United States for at least two years and proof of any previous R-1 employment (including compensation records). Additionally, religious workers acting as ministers must provide copies of their certificates of ordination and proof of theological education. A consultation with our R-1 visa lawyer in San Jose can assist in establishing these records and ensuring that your application and forms are in order before you submit them.

Institutional Requirements

In addition to an individual’s proof of involvement with a nonprofit religious institution, the religious organization must also provide proof of its tax-exempt status and proof of the R-1 visa seekers compensation. If the individual R-1 seeker will not be compensated, additional documents may be required to prove that this is common practice for the denomination’s missionary practice within the United States. Any questions about institutional requirements for R-1 visa applicants should be directed to our expert R-1 visa lawyer in San Jose, who can assist you in acquiring all required documentation.

Application Procedure

Those applying for R-1 status must apply with their home country’s consulate in the United States unless they are already in the United States. In that case, individuals may instead submit a petition for change of status to the United States Citizenship and Immigration Services. Individuals apply for R-1 visa status using Form I-129, the Petition for Nonimmigrant Worker with the USCIS.

Spouse and Children

Individuals entering the US under an R-1 visa may bring their spouse and children with them under an R-2 visa. However, R-2 visas preclude individuals from working while in the United States, though R-2 visa holders are allowed to attend school. For a consultation on how to apply for R-2 visa status or whether another visa status might be more appropriate for your family, contact our expert San Jose R-1 Visa Attorney for a consultation.