IMPORTANT CHANGES TO RELIGIOUS WORKERS VISA CATEGORY
U.S.C.I.S. has recently published important changes to the categories of religious workers.
R–1 Visas will Require an Approved Petition
The employing U.S. organization (for example, a church or a mosque) must complete and submit Form I-129 Petition for a Nonimmigrant Worker or Form I-360 Petition for a Special Immigrant. This will allow U.S.C.I.S. to verify the eligibility of the petitioner, the alien beneficiary, and the job offer prior to the issuance of a visa or admission to the United States. Only after Form I-129 is approved can the potentional religious worker apply for an R-1 visa at the appropriate U.S. Consulate.
The employing U.S. organization will be required to submit an Attestation which verifies the worker’s qualifications, the nature of the job offered, and the legitimacy of the organization.
R-1 Initial Time and Extension
The initial period of admission is reduced from 3 years to 30 months. Requests for one potential extension of an additional 30 months will be considered.
U.S.C.I.S. Onsite Inspections of Religious Facilities
U.S.C.I.S. is able to conduct onsite inspections of organizations seeking to employ religious workers. The purpose of this is to deter fraud and increase the ability of U.S.C.I.S. to monitor foreign religious workers. Derogatory information may result in a notice of intent to deny the petition but the petitioner has the option to rebut the derogatory evidence with new evidence in an attempt to overcome the notice of intent to deny and obtain an approval.
ALLAN SAMSON
415 391 4949
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