The R-1 visa category is designed to facilitate the entry of religious workers into the United States for temporary employment. Within this category, a primary classification is an individual engaging in a “Religious Occupation” or a “Religious Vocation.”
Understanding the Role of a Religious Worker
For the purpose of the R-1 nonimmigrant classification, a religious worker is someone who:
- Is a member of the religious denomination that has a bona fide non-profit religious organization in the United States and was a member in the same type of religious denomination for at least 2 years immediately preceding the time of application for admission;
- Is coming to the United States to work at least part-time;
- Is coming to the United States solely to perform a religious vocation or occupation in either a professional or nonprofessional capacity or as a minister;
- Is coming to or remaining in the United States at the request of the petitioner to work for the petitioner;
- Will not work in the United States in any capacity other than that of a religious worker and
- According to the denomination’s standards, one is engaged in and qualified for a religious occupation or vocation, whether or not in a professional capacity or as a minister.
Religious Vocation
A “religious vocation” refers to a calling to religious life, typically within a recognized religious community, such as a monastery or convent. Individuals in religious vocations have made a lifelong commitment to religious service and often follow a structured religious way of life within a religious community.
Religious Occupation
To consider the employment a religious occupation, the occupation must meet all of the following requirements:
- The duties must primarily relate to a traditional religious function and be recognized as a religious occupation within the denomination;
- The duties must be primarily related to, and must clearly involve, inculcating or carrying out the religious creed and beliefs of the denomination;
- The duties do not include positions that are primarily administrative or supportive in nature, and
- Religious study or training for religious work does not constitute a religious occupation.
Conclusion
Whether employment qualifies as a “Religious Occupation” or “Religious Vocation” involves meeting specific eligibility criteria. Understanding these qualifications is crucial for religious workers and organizations seeking to successfully navigate the R-1 visa process.
Subscribe to Our Resources Blog
Schedule a Consultation with an Immigration Lawyer
We Can Help!
You may have questions regarding U.S. immigration laws and visas. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
