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R Visa Lawyer in Orlando

Helping Religious Workers & Their Employers

Religious workers who want to work in the United States may be eligible for the R-1 visa (with their immediate family potentially qualifying for R-2 dependent visas). R visas are non-immigrant visas designed for religious workers employed by a religious organization in the United States. These organizations can include churches, synagogues, mosques, and others.

At The Sekou Clarke Law Group, our R-1 visa lawyer in Orlando can help determine if you can apply for this visa and guide you throughout the petition process. As a firm that has helped countless people through the immigration process, we understand how important it is for you to be able to work in the United States. We are here to help you achieve your dreams.

Call us at (407) 269-8774 or contact us online to learn more about our R visa services.

Eligibility for the R-1 Visa

To sponsor a religious worker for an R-1 visa, a U.S.-based entity must demonstrate that it is a bona fide non-commercial religious organization and that the applicant was a member for at least two years immediately prior to their application. Qualifying organizations can be those established principally for worship, spiritual development, or religious instruction.

Qualifying sponsors can be:

  • Direct religious congregations such as churches, temples, mosques, synagogues, and similar places of worship in the U.S., holding a valid 501(c)(3) status, indicating non-profit status.
  • Entities that are recognized under a group tax exemption of a larger religious denomination provided that they are allowed to avail themselves of the denomination's group tax exemption for non-profit religious activities.
  • Not-for-profit organizations closely linked to a religious denomination. While not directly involved in worship or religious instruction, these entities engage in operations that are integral to the religion's overall mission in the U.S. and maintain a non-profit status under 501(c)(3).

Form I-129 & the Religious Freedom Restoration Act (RFRA)

To bring a noncitizen to the U.S. as a minister or religious worker, a U.S. employer or organization must file Form I-129, the Petition for a Nonimmigrant Worker. As part of this process, the sponsoring organization must affirm not only its non-profit status but also proof of how it plans to compensate the worker it is sponsoring. The petitioner will also need to clearly demonstrate the religious worker's membership in their religious denomination and that the worker is qualified for the offered position.

If an employer finds that fulfilling an eligibility requirement significantly affects their religious practices, they can request an exemption under the Religious Freedom Restoration Act (RFRA). This request, which should be included with Form I-129, must detail how the rule either goes against a sincerely held religious belief or prevents the organization from following that belief. The petitioner is responsible for proving eligibility for this exemption.

As you can see, the R-1 visa petition process can be quite complicated. Consequently, consulting with an attorney experienced in employment-based immigration processes, like ours, can be incredibly helpful.

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